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NAVAL WAR COLLEGE 

NEWPORT, R. I. 



1941 



UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1943 



For sale by the Superintendent of Documents, U. S. Government Printing Office 
Washington, D. C. - Price 60 cents 



PREFACE 

The annual publication of the Naval War Col- 
lege on international law for 1941 has been pre- 
pared, as formerly, since 1938, in collaboration 
with Payson Sibley Wild, Jr., Ph. D., professor of 
international law, Harvard University, and asso- 
ciate for international law, Naval War College. 

Discussions by the Naval War College classes 
have given special attention to international law 
in its relation to the conduct of the war now in 
progress. Important and relevant documents 
concerning belligerents and neutrals also have 
been under consideration. Documents cited in 
this volume are among those discussed. 

While certain of these documents are easily ac- 
cessible, others have not yet appeared in any col- 
lection and are not readily available to naval 
officers. 

E. C. Kalbfus, 
'Admiral, United States Navy (Bet.), 

President, Naval War College, 



September 22, 1942. 



in 



CONTENTS 



Pag®- 



V 



VII 

VIII 

IX 

X 



XIII 

XIV 

XV 

XVI 

XVII 



XIX 

XX 
XXI 

XXII 



XXIV 

XXV 

XXVI 

XXVII 

XXVIII 

XXIX 

XXX 

XXXI. 



Freezing of Japanese and Chinese assets in the 

United States 1 

Office of the Coordinator of Inter- American Affairs _ 2 

The Atlantic Charter 7 

Assistance to the Soviet Union 9 

Use of foreign-flag merchant vessels in American 

ports 10 

Freedom of the seas 13 

Definition of term "United Kingdom" 25 

Assistance to the Soviet Union 29 

Arming of American-flag ships 30 

Navy and Total Defense Day 36 

Claims against Germany in the case of the Robin 

Moor 44 

Revision of the Neutrality Act of 1939 48 

Neutrality Law repeal 48 

Seizure of the Oldenwald 49 

Protection of bauxite mines in Surinam 51 

Arming of American merchant vessels 52' 

The Japanese attack 53 

United States note to Japan, November 26 54 

Message from the President to the Emperor of 

Japan, December 6 59 

Japanese note to the United States, December 7__ 62 
Message of the President to the Congress, Decem- 
ber 8 70 

Declaration of a state of war with Japan 72: 

Message of the President to the Congress, Decem- 
ber 11 73 

Declarations of a state of war with Germany and 

Italy 74 

Declarations of a state of war by the Axis Countries. 75 

Turkish declaration of neutrality 82 

Defensive sea areas 83 

Argentine nonbelligerency 91 

Declarations of war 91 

Joint declaration by United Nations, January 1, 

1942 113: 

Supreme commands in the Southwest Pacific Area 

(January 1942) 114 

V 



¥1 CONTENTS 

' . Page 
XXXII. Combined British- American Raw Materials, Muni- 
tions, and Shipping Boards 115 

XXXIII. Third meeting of American ministers of foreign 

affairs 118 

XXXIV. Combined staff chiefs plan 119 

XXXV. Coordination of British and American economic 

warfare procedures 122 

XXXVI. United States assistance in defense of Curacao and 

Aruba 123 

XXXVII. Master lend-lease agreement with Britain 124 

XXXVIII. French island possessions in the Pacific 128 

XXXIX. Anglo-American Caribbean Commission 129 

XL. Cooperation with French National Committee re- 
garding territories in Africa 131 

XLI. Arrest by Japanese of American officers in Indo- 
china 132 

XLII. Southwest Pacific Command (April 1942) 133 

XLIII. Developments in Martinique 137 

XLIV. Treatment of civilian enemy aliens and prisoners of 

war 138 

XLV. Agreement with Panama for lease of defense sites. _ 144 
XL VI. Declarations of a state of war with Bulgaria, Hun- 
gary, and Rumania 153 

XLVII. Conversations between the President and Mr. Mol- 

oto v 154 

XLVIII. Combined Production and Resources Board and 
Combined Food Board, United States and Great 

Britain 155 

X LI X . German submarine zone of operations 158 

L. Exchange of diplomatic and consular personnel 159 

LI. Consultation with Free French in London 160 

LI I. French ships at Alexandria, Egypt- ._' 161 

LIU; Status of Austria 164 



I. FREEZING OF JAPANESE AND CHINESE 
ASSETS IN THE UNITED STATES 

In view of the unlimited national emergency 
declared by the President, he issued, on July 25, 
1941 an Executive order freezing Japanese assets 
in the United States in the same manner in which 
assets of various European countries were frozen 
on June 14, 1941. This measure, in effect, brought 
all financial and import and export trade transac- 
tions in which Japanese interests were involved 
under the control of the Government and imposed 
criminal penalties for violation of the order. 

This Executive order, just as the order of June 
14, 1941, was designed among other things to pre- 
vent the use of the financial facilities of the 
United States and trade between Japan and the 
United States in ways harmful to national defense 
and American interests, to prevent the liquidation 
in the United States of assets obtained by duress 
or conquest, and to curb subversive activities in 
the United States. 

At the specific request of Generalissimo Chiang 
Kai-shek, and for the purpose of helping the Chi- 
nese Government, the President, at the same time, 
extended the freezing control to Chinese assets in 
the United States. The administration of the 
licensing system with respect to Chinese assets are 
conducted with a view to strengthening the for- 
eign trade and exchange position of the Chinese 
Government. The inclusion of China in the Ex- 
ecutive order, in accordance with the wishes of 

i 



the Chinese Government, is a continuation of this 
Government's policy of assisting China. 

EXECUTIVE ORDER 

Amendment of Executive Order No. 8389 of April 10, 

1940, as Amended 

(Federal Register, Vol. 6, No. 146, July 29, 1941) 

By virtue of the authority vested in me by section 5 (b) 
of the Act of October 6, 1917 (40 Stat. 415), as amended, 
and by virtue of all other authority vested in me, I, 
Franklin D. Roosevelt, President of the United States 
of America, do hereby amend Executive Order No. 8389 of 
April 10, 1940, as amended, by changing the period at the 
end of subdivision (j) of Section 3 of such Order to a 
semi-colon and adding the following new subdivision there- 
after : 

(k) June 14, 1941— 

China, and 
Japan 

Franklin D. Roosevelt 
The White House, 

July 26, 1941. 

[No. 8832] 

II. OFFICE OF THE COORDINATOR OF 
INTER-AMERICAN AFFAIRS 

Executive Order 

establishing the office of the coordinator of 
inter-american affairs in the exective office 
of the president and defining its functions and 

DUTIES 

(Federal Register, Vol. 6, No. 147, Aug. 5, 1941) 

By virtue of the authority vested in me by the 
Constitution and statutes of the United States, and 



in order to define further the functions and duties 
of the Office for Emergency Management with re- 
spect to the unlimited national emergency declared 
by the President on May 27, 1941, and to provide 
for the development of commercial and cultural re- 
lations between the American Republics and 
thereby increasing the solidarity of this Hemi- 
sphere and furthering the spirit of cooperation 
between the Americas in the interest of Hemi- 
sphere defense, it is hereby ordered as follows: 

1. There is established within the Office for 
Emergency Management of the Executive Office 
of the President the Office of the Coordinator of 
Inter-American Affairs, at the head of which 
there shall be a Coordinator appointed by the 
President. The Coordinator shall discharge and 
perform his duties and responsibilities under the 
direction and supervision of the President. The 
Coordinator shall serve as such without compen- 
sation, but shall be entitled to actual and necessary 
transportation, subsistence, and other expenses 
incidental to the performance of his duties. 

2. Subject to such policies, regulations, and 
directions as the President may from time to time 
prescribe, the Office of the Coordinator of Inter- 
American Affairs shall: 

a. Serve as the center for the coordination of 
the cultural and commercial relations of the 
Nation affecting Hemisphere defense. 

b. Formulate and execute programs, in coopera- 
tion with the Department of State which, by effec- 
tive use of governmental and private facilities in 
such fields as the arts and sciences, education and 
travel, the radio, the press, and the cinema, will 



further the national defense and strengthen 
the bonds between the nations of the Western 
Hemisphere. 

c. Formulate, recommend, and execute programs 
in the commercial and economic fields which, by 
the effective use of governmental and private 
facilities, will further the commercial well-being 
of the Western Hemisphere. 

d. Assist in the coordination and carrying out 
of the purposes of Public Resolution No. 83 ap- 
proved June 15, 1941, entitled "To authorize the 
Secretaries of War and of the Navy to assist the 
governments of American republics to increase 
their military and naval establishments, and for 
other purposes. " 

e. Review existing laws and recommend such 
new legislation as may be deemed essential to the 
effective realization of the basic cultural and com- 
mercial objectives of the Government's program 
of Hemisphere solidarity. 

f. Exercise and perform all powers and func- 
tions now or heretofore vested in the Office for 
Coordination of Commercial and Cultural Rela- 
tions Between the American Republics, established 
by order of the Council of National Defense on 
August 16, 1940. 

g. Keep the President informed with respect to 
progress made in carrying out this Order; and 
perform such other related duties as the President 
may from time to time assign or delegate to it. 

3. In the study of problems and in the execution 
of programs, it shall be the policy of the Office of 
the Coordinator of Inter-American Affairs to* 
collaborate with and to utilize the facilities of 



existing departments and agencies which perform 
functions and activities affecting the cultural and 
commercial aspects of Hemisphere defense. Such 
departments and agencies are requested to cooper- 
ate with the Coordinator in arranging for appro- 
priate clearance of proposed policies and measures 
involving the commercial and cultural aspects of 
Inter- American affairs. 

4. Within the limits of funds appropriated or 
allocated for purposes encompassed by this Order, 
the Coordinator may contract with and transfer 
funds to existing governmental agencies and insti- 
tutions and may enter into contracts and agree- 
ments with individuals, educational, informational, 
commercial, scientific, and cultural institutions, 
associations, agencies, and industrial organiza- 
tions, firms, and corporations. 

5. The Coordinator is authorized and directed 
to take over and carry out the provisions of any 
contracts heretofore entered into by the Office 
for Coordination of Commercial and Cultural 
Relations Between the American Republics, es- 
tablished by order of the Council of National 
Defense on August 16, 1940. The Coordinator 
is further authorized to assume any obligations 
or responsibilities which have heretofore been 
undertaken by the said Office for and on behalf 
of the United States Government. 

6. There is hereby established within the Office 
of the Coordinator of Inter- American Affairs a 
Committee on Inter-American Affairs, consist- 
ing of the Coordinator as Chairman, one designee 
each from the Departments of State, Treasury, 
Agriculture, and Commerce, the President of the 



6 

Export-Import Bank and such additional repre- 
sentatives from other agencies and departments as 
may be designated by the heads of such depart- 
ments or agencies at the request of the Coordinator 
of Inter- American Affairs. The Committee shall 
consider and correlate proposals with respect to 
the commercial, cultural, educational, and 
scientific aspects of Hemisphere defense relations, 
and shall make recommendations to the appro- 
priate Government departments and agencies. 

7. The Coordinator may provide for the in- 
ternal organization and management of the Office 
of the Coordinator of Inter-American Affairs. 
The Coordinator shall obtain the President's ap- 
proval for the establishment of the principal 
subdivisions of the Office and the appointment of 
the heads thereof. The Coordinator may appoint 
such committees as may be required for the con- 
duct of the activities of his office. 

8. Within the limits of such funds as may be 
appropriated to the Coordinator or as may be 
allocated to him by the President, the Coordi- 
nator may employ necessary personnel and make 
provisions for necessary supplies, facilities, and 
services. However, the Coordinator shall use 
such statistical, informational, fiscal, personnel, 
and other general business services and facilities 
as may be made available to him through the 
Office for Emergency Management. 

Franklin D. Roosevelt. 
The White House, 

July 30, 1941. 

[No. 8840] 



t 
■III. THE ATLANTIC CHARTER 

(Dept. of State Bulletin, Vol. V, No. 112, Aug. 16, 1941) 

The following statement was signed by the 
President of the United States and the Prime 
Minister of Great Britain: 

"The President of the United States and the Prime 
Minister, Mr. Churchill, representing His Majesty's Gov- 
ernment in the United Kingdom, have met at sea, 

"They have been accompanied by officials of their two 
Governments, including high-ranking officers of their Mili- 
tary, Naval, and Air Services. 

"The whole problem of the supply of munitions of war 9 . 
as provided by the Lease-Lend Act, for the armed forces 
of the United States and for those countries actively 
engaged in resisting aggression has been further ex- 
amined. 

"Lord Beaverbrook, the Minister of Supply of the 
British Government, has joined in these conferences. He 
is going to proceed to Washington to discuss further de- 
tails with appropriate officials of the United States 
Government. These conferences will also cover the supply 
problems of the Soviet Union. 

"The President and the Prime Minister have had sev- 
eral conferences. They have considered the dangers to 
world civilization arising from the policies of military 
domination by conquest upon which the Hitlerite govern- 
ment of Germany and other governments associated 
therewith have embarked, and have made clear the stress 
which their countries are respectively taking for their 
safety in the face of these dangers. 

"They have agreed upon the following joint declara- 
tion : 

"Joint declaration of the President of the United States 
of America and the Prime Minister, Mr. Churchill, repre- 
senting His Majesty's Government in the United Kingdom, 
being met together, deem it right to make known certain 
common principles in the national policies of their re- 



S 

spective countries on which they base their hopes for a 
better future for the world. 

"First, their countries seek no aggrandizement, territorial 
or other; 

"Second, they desire to see no territorial changes that 
do not accord with the freely expressed wishes of the 
peoples concerned; 

"Third, they respect the right of all peoples to choose 
the form of government under which they will live; and 
they wish to see sovereign rights and self-government 
restored to those who have been forcibly deprived of 
them ; 

"Fourth, they will endeavor, with due respect for their 
existing obligations, to further the enjoyment by all 
States, great or small, victor or vanquished, of access, on 
equal terms, to the trade and to the raw materials of the 
world which are needed for their economic prosperity; 

"Fifth, they desire to bring about the fullest collabora- 
tion between all nations in the economic field with the ob- 
ject of securing, for all, improved labor standards, 
economic advancement, and social security; 

"Sixth, after the final destruction of the Nazi tyranny, 
they hope to see established a peace which will afford to 
all nations the means of dwelling in safety within their 
own boundaries, and which will afford assurance that all 
the men in all the lands may live out their lives in free- 
dom from fear and want; 

"Seventh, such a peace should enable all men to traverse 
the high seas and oceans without hindrance; 

"Eighth, they believe that all of the nations of the 
world, for realistic as well- as spiritual reasons, must come 
to the abandonment of the use of force. Since no future 
peace can be maintained if land, sea or air armaments 
continue to be employed by nations which threaten, or 
jnay threaten, aggression outside of their frontiers, they 
believe, pending the establishment of a wider and per- 
manent system of general security, that the disarmament 
of such nations is essential. They will likewise aid and 



9 

encourage all other practicable measures which will lighten 
for peace-loving peoples the crushing burden of armaments, 

Franklin D. Roosevelt 
Winston S. Churchill" 

IV. ASSISTANCE TO THE SOVIET UNION 

Joint Message From the President of the 
United States and the Prime Minister of 
Great Britain to the President of the Soviet 
of People's Commissars of the U. S. S. R. 

(Dept. of State Bulletin, Vol. V, No. 112, Aug. 16, 1941) 

The following text of a joint message from Pres- 
ident Roosevelt and Prime Minister Churchill was 
delivered personally on Friday afternoon, August 
15, by the British and American Ambassadors to 
Josef Stalin, President of the Soviet of People's 
Commissars of the U. S. S. R. : 

"We have taken the opportunity afforded by the consider- 
ation of the report of Mr. Harry Hopkins on his return 
from Moscow to consult together as to how best our two 
countries can help your country in the splendid defense that 
you are making against the Nazi attack. We are at the 
moment cooperating to provide you with the very maximum 
of supplies that you most urgently need. Already many 
shiploads have left our shores and more will leave in the 
immediate future. 

"We must now turn our minds to the consideration of a 
more long term policy, since there is still a long and hard 
path to be traversed before there can be won that com- 
plete victory without which our efforts and sacrifices would 
be wasted. 

"The war goes on upon many fronts and before it is over 
there may be further fighting fronts that will be developed. 
Our resources though immense are limited, and it must be- 



come a question as to where and when those resources can 
best be used to further the greatest extent our common effort. 
This applies equally to manufactured war supplies and to 
raw materials. 

"The needs and demands of your and our armed services 
can only be determined in the light of the full knowledge 
of the many factors which must be taken into consideration 
in the decisions that we make. In order that all of us 
may be in a position to arrive at speedy decisions as to the 
apportionment of our joint resources, we suggest that we 
prepare for a meeting to be held at Moscow, to which we 
would send high representatives who could discuss these 
matters directly with you. If this conference appeals to 
you, Ave want you to know that pending the decisions of that 
conference we shall continue to send supplies and material 
as rapidly as possible. 

"We realize fully how vitally important to the defeat of 
Hitlerism is the brave and steadfast resistance of the Soviet 
Union and we feel therefore that we must not in any cir- 
cumstances fail to act quickly and immediately in this mat- 
ter on planning the program for the future allocation of our 
joint resources. 

"Franklin D Roosevelt 
"Winston S Churchill" 

V. USE OF FOREIGN-FLAG MERCHANT VESSELS 
IN AMERICAN PORTS 

(Dept. of State Bulletin, Vol. V, No. 114, Aug. 30, 1941) 

The Inter-American Financial and Economic 
Advisory Committee 'announced on August 28 that 
in its plenary session of that date, it had formally 
adopted and placed into effect, with the approval of 
the governments of all of the American republics, 
a plan for the effective use in the interests of inter- 
American commerce of the foreign-flag merchant 
vessels lying inactive in the ports of the American 
Continent. The text of the plan is as follows: 



11 

PLANS FOR PLACING SHIPS IN AMERICAN PORTS INTO 

SERVICE 

(1) The basic principle of the plan is that the 
vessels now lying in American ports shall be uti- 
lized in accordance with the resolution of April 26 ? 
1941 in such a manner as to promote the defense 
of the economies of the American republics as well 
as the peace and security of the continent. 

(2) To this end there should be an immediate 
transfer of such vessels to active service. Just and 
adequate compensation for such vessels shall be 
made. 

(3) In order to attain the maximum efficiency in 
the operation of available shipping, there must be 
the closest cooperation among the maritime au- 
thorities of the ship-operating nations of the West- 
ern Hemisphere in planning the most effective use 
of all available vessels. This cooperation must 
extend to the allocation of particular vessels to the 
several trade routes; to efficient scheduling where 
more than one shipping line serves an individual 
port or nation ; to the diversion of at least minimum 
shipping facilities to those nations not reasonably 
adequately served and in which there lie no or not 
sufficient inactive vessels to alleviate at least par- 
tially the situation; and to the exchange or inter- 
change among the ship-operating nations of vessels 
of various types in order that each may operate the 
type of vessels which it is in a position to handle 
and which are appropriate to the type of commerce 
to be borne. 

(4) It is recognized that several of the American 
nations operate merchant marines and are in a posi- 

492005—43 2 



12 

tion to handle efficiently the operation of some or 
all of the inactive vessels lying in their ports. 
Other American republics may not have the appro- 
priate organization to operate ships or may not 
desire to undertake to do so, In such cases, the 
Government of the United States and United States 
shipping companies are prepared, in the closest co- 
operation and coordination with services provided 
by other ship-operating nations of the Western 
Hemisphere, to operate for their account or in any 
other appropriate way those vessels other American 
republics do not operate themselves. The Govern- 
ment of the United States is also prepared to make 
appropriate arrangements to take over and operate 
any such vessels in general services. 

(5) The Government of the United States has 
been informed that the British Government agrees 
to recognize the transfers of vessels resulting from 
this plan of operation and to waive its belligerent 
rights so long as the following conditions are met : 

(a) The vessels transferred are operated in ac- 
cordance with this plan. 

(6) The vessels are operated under the flag of 
any American republic in inter-American trade, 
or by the Government of the United States in gen- 
eral services in accordance with paragraph (4). 

(c) Such service, of the vessels now inactive 
shall not result in the diversion of any other ves- 
sels owned or controlled by Governments or na- 
tionals of an American republic to services inim- 
ical to the interests of Great Britain. 

(d) Any funds or proceeds from such vessels 
shall not be. made available to the governments or 



13 

nationals of the countries whose flags they flew 
until the present war is terminated, 

(e) Crews of the vessels shall be nationals of 
the countries whose flag the vessels fly or shall be 
-comprised of officers and personnel satisfactory to 
the Inter-American Financial and Economic Ad- 
visory Committee. 

(6) The Government of the United States is 
prepared to render through the Maritime Com- 
mission every possible technical assistance and co- 
operation to the Governments of the other Ameri- 
can republics. 

The Committee is continuing to study details 
incident to the actual placing of the vessels into 
service and is especially considering proposals of 
the British Government for the implementation of 
paragraph 5 of the plan. 

VI. FREEDOM OF THE SEAS 

Address by the President, Sept. 11, 1941 

(Dept. of State Bulletin, Vol. V, No. 116, Sept. 13, 1941) 

My Fellow Americans: 

The Navy Department of the United States has 
reported to me that on the morning of September 
fourth the United States destroyer Greer, pro- 
ceeding in full daylight towards Iceland, had 
reached a point southeast of Greenland. She was 
carrying American mail to Iceland. She was fly- 
ing the American flag. Her identity as an Ameri- 
can ship was unmistakable. 

She was then and there attacked by a sub- 
marine. Germany admits that it was a German 



14 

submarine. The submarine deliberately fired a 
torpedo at the Greer, followed later by another 
torpedo attack. In spite of what Hitler's propa- 
ganda bureau has invented, and in spite of what 
Bny American obstructionist organization may 
prefer to believe, I tell you the blunt fact that the 
German submarine fired first upon this American 
destroyer without warning, and with deliberate 
design to sink her. 

Our destroyer, at the time, was in w r aters which 
the Government of the United States had declared 
to be waters of self-defense — surrounding outposts 
of American protection in the Atlantic. 

In the north, outposts have been established by 
us in Iceland, Greenland, Labrador, and New- 
foundland. Through these waters there pass 
man}^ ships of many flags. They bear food and 
other supplies to civilians; and they bear ma- 
teriel of war, for which the people of the United 
States are spending billions of dollars, and which, 
by congressional action, they have declared to be 
essential for the defense of their own land. 

The United States destroyer, when attacked, 
was proceeding on a legitimate mission. 

If the destroyer was visible to the submarine 
when the torpedo was fired, then the attack was 
a deliberate attempt by the Nazis to sink a clearly 
identified American warship. On the other hand, 
if the submarine was beneath the surface and, 
with the aid of its listening devices, fired in the 
direction of the sound of the American destroyer 
without even taking the trouble to learn its iden- 
tity — as the official German communique would 
indicate — then the attack was even more out- 



15 

rageous. For it indicates a policy of indiscrimi- 
nate violence against any vessel sailing the seas — 
belligerent or nonbelligerent. 

This was piracy — legally and morally. It was 
not the first nor the last act of piracy which the 
Nazi Government has committed against the 
American flag in this war. Attack has followed 
attack. 

A few months ago an American-flag merchant 
ship, the Robin Moor, was sunk by a Nazi sub- 
marine in the middle of the South Atlantic, under 
circumstances violating long-established interna- 
tional law and every principle of humanity. The 
passengers and the crew were forced into open 
boats hundreds of miles from land, in direct vio- 
lation of international agreements signed by the 
Government of Germany. No apology, no allega- 
tion of mistake, no offer of reparations has come 
from the Nazi Government. 

In July 1941, an American battleship in North 
American waters was followed by a submarine 
which for a long time sought to maneuver itself 
into a position of attack upon the battleship. 
The periscope of the submarine was clearly seen. 
No British or American submarines were within 
hundreds of miles of this spot at the time, so the 
nationality of the submarine is clear. 

Five days ago a United States Navy ship on 
patrol picked up three survivors of an American- 
owned ship operating under the flag of our sister 
republic of Panama, the S. S. Sessa. 

On August 17 she had been first torpedoed with- 
out warning, and then shelled, near Greenland, 
while carrying civilian supplies to Iceland. It is 



16 

feared that the other members of her crew have 
been drowned. In view of the established pres- 
ence of German submarines in this vicinity, there 
can be no reasonable doubt as to the identity of 
the flag of the attacker. 

Five days ago another United States merchant 
ship, the Steel Seafarer, was sunk by a German 
aircraft in the Red Sea 220 miles south of Suez.. 
She was bound for an Egyptian port. 

So four of the vessels sunk or attacked flew the 
American flag and were clearly identifiable. Two 
of these ships were warships of the American 
Navy, In the fifth case the vessel sunk clearly 
carried the flag of our sister republic of Panama. 

In the face of all this we Americans are keeping 
our feet on the ground. Our type of democratic 
civilization has outgrown the thought of feeling 
compelled to fight some other nation by reason 
of any single piratical attack on one of our ships.. 
We are not becoming hysterical or losing our 
sense of proportion. Therefore, what I am think- 
ing and saying tonight does not relate to any 
isolated episode. 

Instead, we Americans are taking a long-range 
point of view in regard to certain fundamentals,, 
a point of view in regard to a series of events on 
land and on sea which must be considered as a 
whole, as a part of a world pattern. 

It would be unworthy of a great nation to exag- 
gerate an isolated incident, or to become inflamed 
by some one act of violence. But it would be inex- 
cusable folly to minimize such incidents in the face 
of evidence which makes it clear that the incident 
is not isolated, but part of a general plan. 



17 

The important truth is that these acts of inter- 
national lawlessness are a manifestation of a 
design, a design that has been made clear to the 
American people for a long time. It is the Nazi 
design to abolish the freedom of the seas and to 
acquire absolute control and domination of these 
seas for themselves. 

For with control of the seas in their own hands, 
the way can become obviously clear for their next 
step, domination of the United States, domination 
of the Western Hemisphere by force of arms. 
Under Nazi control of the seas no merchant ship of 
the United States or of any other American repub- 
lic would be free to carry on any peaceful com- 
merce, except by the condescending grace of this 
foreign and tyrannical power. 

The Atlantic Ocean, which has been and which 
should always be a free and friendly highway for 
us, would then become a deadly menace to the com- 
merce of the United States, to the coasts of the 
United States, and even to the inland cities of the 
United States. 

The Hitler government, in defiance of the laws of 
the sea, in defiance of the recognized rights of all 
other nations, has presumed to declare, on paper, 
that great areas of the seas, even including a vast 
expanse lying in the Western Hemisphere, are to be 
closed and that no ships may enter them for any 
purpose, except at peril of being sunk. Actually 
they are sinking ships at will and without warning 
in widely separated areas both within and far out- 
side of these far-flung pretended zones. 

This Nazi attempt to seize control of the oceans 
is but a counterpart of the Nazi plots now being 



18 

carried on throughout the Western Hemisphere, all 
designed toward the same end. For Hitler's 
advance guards, not only his avowed agents but 
also his dupes among us, have sought to make ready 
for him footholds and bridgeheads in the New 
World, to be used as soon as he has gained control 
of the oceans. 

His intrigues, his plots, his machinations, his 
sabotage in this New World are all known to the 
Government of the United States. Conspiracy has 
followed conspiracy. 

Last year a plot to seize the Government of 
Uruguay was smashed by the prompt action of that 
country, which was supported in full by her Amer- 
ican neighbors. A like plot was then hatching in 
Argentina, and that Government has carefully and 
wisely blocked it at every point. More recently, an 
endeavor was made to subvert the Government of 
Bolivia. Within the past few weeks the discovery 
was made of secret air-landing fields in Colombia, 
within easy range of the Panama Canal. I could 
multiply instances. 

To be ultimately successful in world-mastery, 
Hitler knows that he must get control of the seas. 
He must first destroy the bridge of ships which we 
are building across the Atlantic, over which we shall 
continue to roll the implements of war to help 
destroy him and all his works in the end. He must 
wipe out our patrol on sea and in the air. He must 
silence the British Navy. 

It must be explained again and again to people 
who like to think of the United States Navy as an 
invincible protection, that this can be true only if 
the British Navy survives. That is simple 
arithmetic. 



19 

For if the world outside the Americas falls under 
Axis domination, the shipbuilding facilities which 
the Axis powers would then possess in all of 
Europe, in the British Isles, and in the Far East 
would be much greater than all the shipbuilding 
facilities and potentialities of all the Americas — 
not only greater but two or three times greater. 
Even if the United States threw all its resources 
into such a situation, seeking to double and even 
redouble the size of our Navy, the Axis powers, in 
control of the rest of the world, would have the 
man-power and the physical resources to outbuild 
us several times over. 

It is time for all Americans of all the Americas 
to stop being deluded by the romantic notion that 
the Americas can go on living happily and peace- 
fully in a Nazi-dominated world. 

Generation after generation, America has bat- 
tled for the general policy of the freedom of the 
seas. That policy is a very simple one— but a 
basic, fundamental one. It means that no nation 
has the right to make the broad oceans of the 
world, at great distances from the actual theater 
of land war, unsafe for the commerce of others. 

That has been our policy, proved time and time 
again, in all our history. 

Our policy has applied from time immemorial— 
and still applies — not merely to the Atlantic but 
to the Pacific and to all other oceans as well. 

Unrestricted submarine warfare in 1941 con- 
stitutes a defiance — an act of aggression — against 
that historic American policy. 

It is now clear that Hitler has begun his cam- 
paign to control the seas by ruthless force and by 



20 

wiping out every vestige of international law and 
humanity. 

His intention has been made clear. The Ameri- 
can people can have no further illusions about it. 

No tender whisperings of appeasers that Hitler 
is not interested in the Western Hemisphere, no 
soporific lullabies that a wide ocean protects us 
from him can long have any effect on the hard- 
headed, far-sighted, and realistic American people. 

Because of these episodes, because of the move- 
ments and operations of German warships, and be- 
cause of the clear, repeated proof that the present 
Government of Germany has no respect for trea- 
ties or for international law, that it has no de- 
cent attitude toward neutral nations or human 
life — we Americans are now face to face not with 
abstract theories but with cruel, relentless facts. 

This attack on the Greer was no localized mili- 
tary operation in the North Atlantic. This was 
no mere episode in a struggle between two nations. 
This was one determined step towards creating a 
permanent world system based on force, terror, 
and murder. 

And I am sure that even now the Nazis are wait- 
ing to see whether the United States will by 
silence give them the green light to go ahead on 
this path of destruction. 

The Nazi danger to our Western World has 
long ceased to be a mere possibility. The danger 
is here now — not only from a military enemy but 
from an enemy of all law, all liberty, all morality, 
all religion. 



21 

There has now come a time when you and I 
must see the cold inexorable necessity of saying 
to these inhuman, unrestrained seekers of world 
conquest and permanent world domination by the 
sword: "You seek to throw our children and our 
children's children into your form of terrorism 
and slavery. You have now attacked our own 
safety. You shall go no further.' ' 

Normal practices of diplomacy — note writing — 
are of no possible use in dealing with international 
outlaws who sink our ships and kill our citizens. 

One peaceful nation after another has met dis- 
aster because each refused to look the Nazi danger 
squarely in the eye, until it actually had them 
by the throat. 

The United States will not make that fatal mis- 
take. 

No act of violence, no act of intimidation will 
keep us from maintaining intact two bulwarks of 
defense: First, our line of supply of materiel to 
the enemies of Hitler, and second, the freedom of 
our shipping on the high seas. 

No matter what it takes, no matter what it costs, 
we will keep open the line of legitimate commerce 
in these defensive waters of ours. 

We have sought no shooting war with Hitler. 
We do not seek it now. But neither do we want 
peace so much that we are willing to pay for it 
by permitting him to attack our naval and mer- 
chant ships while they are on legitimate business. 

I assume that the German leaders are not deeply 
concerned tonight, or any other time, by what the 



22 

real Americans or the American government says 

or publishes about them. We cannot bring about 
the downfall of nazism by. the use of long-range 
invective. 

But when you see a rattlesnake poised to strike r 
you do not wait until he has struck before you 
crush him. 

These Nazi submarines and raiders are the rat- 
tlesnakes of the Atlantic, They are a menace to 
the free pathways of the high seas. They are a 
challenge to our own sovereignty. They hammer 
at our most precious rights when they attack 
ships of the American flag—symbols of our inde- 
pendence, our freedom, our very life. 

It is clear to all Americans that the time has 
come when the Americas themselves must now be 
defended. A continuation of attacks in our own 
waters, or in waters which could be used for fur- 
ther and greater attacks on us, will inevitably 
weaken American ability to repel Hitlerism. 

Do not let us be hair-splitters. Let us not ask 
ourselves whether the Americas should begin to 
defend themselves after the first attack, or the 
fifth attack, or the tenth attack, or the twentieth 
attack. 

The time for active defense is now. 

Do not let us split hairs. Let us not say, "We 
will only defend ourselves if the torpedo succeeds 
in getting home, or if the crew and the passengers 
are drowned." 

This is the time for prevention of attack. 

If submarines or raiders attack in distant 
waters, they can attack equally well within sight 
of our own shores. Their very .presence in any 



23 

waters which America deems vital to its defense 
•constitutes an attack. 

In the waters which we deem necessary for our 
defense American naval vessels and American 
planes will no longer wait until Axis submarines 
lurking under the water, or Axis raiders on the 
surface of the sea, strike their deadly blow — -first. 

Upon, our naval and air patrol — now operating 
in large number over a vast expanse of the At- 
lantic Ocean — falls the duty of maintaining the 
American policy of freedom of the seas— now. 
That means, very simply, very clearly, that our 
patrolling vessels and planes will protect all mer- 
chant ships — not only American ships but ships of 
any flag — engaged in commerce in our defensive 
Avaters. They will protect them from submarines ; 
they will protect them from surface raiders. 

This situation is not new. The second Presi- 
dent of the United States, John Adams, ordered 
the United States Navy to clean out European pri- 
vateers and European ships of war which were in- 
festing the Caribbean and South American waters, 
destroying American commerce. 

The third President of the United States, 
Thomas Jefferson, ordered the United States 
Navy to end the attacks being made upon American 
and other ships by the corsairs of the nations of 
North Africa. 

My obligation as President is historic; it is 
clear ; yes, it is inescapable. 

It is no act of war on our part when we decide to 
protect the seas that are vital to American de- 
fense. The aggression is not ours. Ours is solely 
defense. 



24 

But let this warning be clear. From now on, if 
German or Italian vessels of war enter the waters 
the protection of which is necessaiy for American 
defense, they do so at their own peril. 

The orders which I have given as Commander 
in Chief of the United States Army and Navy are 
to carry out that policy — at once. 

The sole responsibility rests upon Germany. 
There will be no shooting unless Germany con- 
tinues to seek it. 

That is my obvious duty in this crisis. That is 
the clear right of this sovereign nation. This is 
the only step possible, if we would keep tight the 
wall of defense which we are pledged to maintain 
around this Western Hemisphere. 

I have no illusions about the gravity of this 
step. I have not taken it hurriedly or lightly. It 
is the result of months and months of constant 
thought and anxiety and prayer. In the protec- 
tion of your nation and mine it cannot be avoided. 

The American people have faced other grave 
crises in their history — with American courage, 
with American resolution. Thev will do no less 
today. 

They know the actualities of the attacks upon 
us. They know the necessities of a bold defense 
against these attacks. They know 7 that the times 
call for clear heads and fearless hearts. 

And with that inner strength that comes to a 
free people conscious of their duty and of the 
righteousness of what they do, they will — with 
Divine help and guidance — stand their ground 
against this latest assault upon their democracy, 
their sovereignty, and their freedom. 



25 
VII. DEFINITION OF TERM "UNITED KINGDOM" 

(Dept. of State Bulletin, Vol. V, No. 117, Sept. 20, 1941) 

The President's proclamation of November 4, 
1939, issued under section 1 (a) of the Neutrality 
Act of 1939, proclaimed the existence of a state of 
war u . . . between Germany and France; Po- 
land; and the United Kingdom, India, Australia, 
Canada, New Zealand and the Union of South 
Africa ..." 

On August 27, 1941 the Secretary of State re- 
quested from the Acting Attorney General a for- 
mal opinion as to whether the term " United 
Kingdom" as used in the proclamation might 
properly be construed as including only England, 
Wales, Scotland, and Northern Ireland, and as not 
including the overseas territories and possessions 
of Great Britain not expressly enumerated in the 
proclamation. The Acting Attorney General con- 
cluded that that term is properly to be construed 
as including only England, Wales, Scotland, and 
Northern Ireland and not the overseas territories 
and possessions of Great Britain not thus ex- 
pressly enumerated. 

The restrictions of section 2 (a) of the Neu- 
trality Act of 1939 apply only to the carriage of 
passengers, articles, or materials to states named 
in proclamations issued under section 1 (a) of the 
Act. Accordingly, transportation of passengers 
and any articles or materials including arms, am- 
munition, or implements of war to the overseas 
colonies and possessions of Great Britain which are 
not in a combat area and which are not specifically 
enumerated in the proclamation of November 4, 



26 

1939 is not prohibited by the Neutrality Act of 
1939. 

The text of the Acting Attorney General's opin- 
ion follows: 

"Office of the Attorney General, 
"Washington, D. C, August 29, 1941. 
"The Honorable 

"The Secretary of State. 

"My Dear Mr. Secretary: 

"I have your letter of August 27 requesting my opinion 
whether the term 'United Kingdom,' as used in the Presi- 
dent's proclamation of November 4, 1939 (4 F. E. 4493), 
issued under the Neutrality Act of 1939, may be construed 
as "including only England, Wales, Scotland and Northern 
Ireland and as not including the overseas territories and 
possessions of the British Empire'. 

"The proclamation reads in pertinent part as follows: 

" 'Now, Therefore, I, Franklin D. Eoosevelt, President 
of the United States of America, acting under and by vir- 
tue of the authority conferred on me by the said joint reso- 
lution, do hereby proclaim that a state of war unhappily 
exists between Germany and France; Poland; and the 
United Kingdom, India, Australia, Canada, New Zealand 
and the Union of South Africa, and that it is necessary to 
promote the security and preserve the peace of the United 
States and to protect the lives of citizens of the United 
States.' 

"The generally accepted meaning of 'United Kingdom' is 
reflected in the definition set forth in Webster's New Inter- 
national Dictionary of the English Language, Second Edi- 
tion, 1939. Here the term is defined as follows: 

"''United Kingdom, the. Great Britain and Ireland; — 
so called from January 1, 1801, when the Legislative Union 
went into operation, to 1922 when, after the establishment of 
the Irish Free State, the remaining portion was officially 
called the United Kingdom of Great Britain and Northern 
Ireland. B}^ act of Parliament, 1927, the words "United 
Kingdom 1 ' were omitted from the title of the king.' 



27 

"This definition is entirely consistent with well-established 
English usage. Thus, in Professor Dicey's work on Conflict 
of Laws (Second Edition, 1908) 'United Kingdom' is defined 
as follows (at p. 68) : 

" ' "United Kingdom" means the United Kingdom of Eng- 
land, Scotland, and Ireland, and the islands adjacent thereto, 
but does not include either the Isle of Man or the Channel 
Islands.' 

See also Keith, The Governments of the British Empire 
(1935) p. 20. 

"The origin of the English usage was the Union of Ire- 
land Act, which provided that 'the said Kingdoms of Great 
Britain and Ireland shall ... be united into one Kingdom 
by the name of The United Kingdom, of Great Britain and 
Ireland'', 39 & 40 G. 3, c. 67 (1800). The same meaning was 
also given to the term under discussion in the Interpretation 
Act of 1889, 52 & 53 V. c. 63, s. 18, which provided as follows : 

" 'In this act, and in every act passed after the commence- 
ment of this act, the following expressions shall, unless the 
contrary intention appears, have the meanings hereby re- 
spectively assigned to them, namely — 

'"(1) The expression "British Isles" shall mean the 
United Kingdom, the Channel Islands and the Isle of Man." 

"Although the foregoing provision does not directly define 
'United Kingdom,' it points irresistibly to the conclusion 
that 'United Kingdom' is limited to the British Isles and 
does not include the overseas possessions, or dependencies, 
or mandates of the British Empire. This is true because 
that provision makes 'British Isles,' which clearly does not 
include overseas possessions or dependencies, more extensive 
that 'United Kingdom.' The definition in the Interpreta- 
tion Act reflected a well-established usage which had been 
embodied in specific definitions of the term 'United King- 
dom' in previous statutes, such as An Act to Consolidate 
and Amend the Laws relating to Bankruptcy and Insolvency 
in Ireland (1857) 20 & 21 V. c. 60 s. 4; An Act to Alter Cer- 
tain Duties and to Amend the Laws relating to Customs 
(1867), 30 & 31 V. c. 82 s. 5; An Act for Improving the 



492005—43- 



28 

Condition of Mates and Seamen and Maintaining Discipline 
in the Merchant Service (1850) 13 and 14 V. c. 93, s. 2. 

"The separation of Northern and Southern Ireland by the 
Government of Ireland Act of 1920, and the creation of the 
Irish Free State by the Irish Free State (Agreement) Act, 
1922, 12 G. 5, c. 4, required, of course, a change in the defini- 
tion of the term 'United Kingdom.' Accordingly, statutes 
passed shortly after these acts contained the following- 
specific definition: 

" * "United Kingdom" means Great Britain and Northern 
Ireland.' 

See e. g., Settled Land Act, 1925, 15 G. 5, c. 18, s. 117; 
Trustees Act, 1925, 15 G. 5, c. 19, s. 68; Law of Property 
Act, 1925, 15 G. 5, c. 20, s. 205; Land [Registration Act, 1925, 
15 G. 5, c. 21, s. 3; Merchant Shipping Act, 1925, 15 & 16 G. 
5, c. 37, s. 3; Teachers Act, 1925, 15 & 16 G. 5, c. 59, s. 18; 
Workmen's Compensation Act, 1925, 15 & 16 G. 5, c. 84, s. 48 ; 
Merchandise Marks Act, 1926, 16 & 17 G. 5, c. 53, s. 10. 

"In 1927, a new interpretation statute, Royal Parliamen- 
tary Titles Act, 17 G. 5, c. 4, was passed to reflect the change 
in political structure and provided in section 2, as follows: 

" 'In every act passed and public documents issued after 
the passage of this act the expression "United Kingdom" 
shall, unless the context otherwise requires, mean Great 
Britain and Northern Ireland.' 

"The applicable court decisions show a uniform judicial 
interpretation of the term 'United Kingdom' in complete 
harmony with the legislative definitions set forth above. 
See e. g., Turnbull v. Solicitor of Inland Revenue, 42 Sc. 
L. R. 15 (1904) ; DeBeers Consolidated Mine Ltd. v. Howe, 
(1906) A. C. 455; Tomalin v. S. Pearson & Son Ltd., (1909) 
2 K. B. 61. 

"The foregoing discussion demonstrates that the term 
'United Kingdom' is a term of art with a well-settled and 
precise meaning. No contrary purpose appearing, well- 
settled canons of construction require that the term as used 
in the proclamation should be given this meaning. 

"For the reasons given it is my opinion that the term 
'United Kingdom' as used in the proclamation of November 
4, 1939, is properly to be construed as including only 



29 

England, Wales, Scotland and Northern Ireland and not 
the overseas territories and possessions of the British 
Empire. 

"Respectfully, 

"Francis Biddle 
Acting Attorney General" 

VIII. ASSISTANCE TO THE SOVIET UNION 

Letter From the President of the United States 
to the President of the Soviet of People's 
Commissars of the U. S. S. E. 

(Dept. of State Bulletin, Vol. V, No. 120, Oct. 11, 1941) 

Careful comparison of the language of the Ger- 
man announcement made in Berlin on October 8, 
1941, by DNB, official German news agency, and 
that actually contained in the President's letter of 
introduction of Mr. Harriman to Mr. Stalin, is 
invited. "When such a comparison is made, the 
propaganda objectives of the Nazi action become 
very clear. 

The President's letter reads as follows: 

"My Dear Mr. Stalin : 

"This note will be presented to you by my friend Averell 
Harriman, whom I have asked to be head of our delegation 
to Moscow. 

"Mr. Harriman is well aware of the strategic importance 
of your front and will, I know, do everything that he can 
to bring the negotiations in Moscow to a successful 
conclusion. 

"Harry Hopkins has told me in great detail of his encour- 
aging and satisfactory visits with you. I can't tell you 
how thrilled all of us are because of the gallant defense of 
the Soviet armies. 

"I am confident that ways will be found to provide the 
material and supplies necessary to fight Hitler on all fronts, 
including your own. 



30 

"I want particularly to take this occasion to express my 
great confidence that your armies will ultimately prevail 
over Hitler and to assure you of our great determination 
to be of every possible material assistance. 
"Yours very sincerely, 

Franklin D. Roosevelt" 

IX. ARMING OF AMERICAN-FLAG SHIPS 

Statement by the Secretary of State 

DELIVERED BEFORE THE COMMITTEE ON FOREIGN AF- 
FAIRS OF THE HOUSE OF REPRESENTATIVES DURING 
HEARINGS ON H. J. RES. 237 

(Dept of State Bulletin, Vol. V, No. 121, Oct. 18, 1941) 

The purpose of this bill is to repeal section 6 
of the Neutrality Act of 1939 prohibiting the arm- 
ing of our merchant vessels .engaged in foreign 
commerce. The provisions of this section had 
their origin in section 10 of the act of 1937, which 
had made it unlawful for American vessels en- 
gaged in commerce with a "belligerent" state to 
be armed. The act of 1939 broadened that pro- 
vision by making it unlawful for an American ves- 
sel engaged in commerce "with any foreign state" 
to be armed. This makes it impossible for Ameri- 
can merchant vessels to defend themselves on the 
high seas against danger from lawless forces 
seeking world-domination. 

The neutrality acts did not remotely contem- 
plate limiting the steps to be taken by this coun- 
try in self-defense, especially were there to de- 
velop situations of serious and immediate danger 
to the United States and to this hemisphere. 
There was never any thought or intention to aban- 



31 

don to the slightest extent the full right of our 
necessary self-defense. 

At the time when these acts were passed many 
people believed that reliance could be placed on 
established rules of warfare. One of those rules 
was and is that merchant vessels, while subject 
to the belligerent right of visit and search, should 
not be sunk except under certain specified condi- 
tions and limitations. We remembered then, as 
we do now, what had happened during the ruth- 
less submarine warfare of the World War. We 
attached importance, however, to the fact that 
during the years that followed the World War 
an effort was made to reduce to binding conven- 
tional form certain rules theretofore understood 
to be binding on belligerents. In the London 
Naval Treaty of 1930, provisions were incorpo- 
rated in part IV stating that the following were 
accepted as established rules of international law : 

"(1) In their action with regard to merchant ships, sub- 
marines must conform to the rules of International Law to 
which surface vessels are subject. 

"(2) In particular, except in the case of persistent re- 
fusal to stop on being duly summoned, or of active resist- 
ance to visit or search, a warship, whether surface vessel 
or submarine, may not sink or render incapable of naviga- 
tion a merchant vessel without having first placed passen- 
gers, crew and ship's papers in a place of safety. For this 
purpose the ship's boats are not regarded as a place of 
safety unless the safety of the passengers and crew is as- 
sured, in the existing sea and weather conditions, by the 
proximity of land, or the presence of another vessel which 
is in a position to take them on board." 

The action taken was the outgrowth of steps initi- 
ated at the Conference on the Limitation of Arma- 



32 

ment held in Washington in 1921-22. In 1936 the 
above-quoted rules were incorporated in a protocol 
concluded at London, which was signed or adhered 
to by 47 nations, including the United States, 
Great Britain, France, Germany, and Italy. 

Despite this solemn commitment of the powers 
as to the rules which should govern submarines, 
the German Government is today, and has been 
throughout the course of the present war, sinking 
defenseless merchant vessels, including vessels of 
the United States and of other American re- 
publics, either without warning or without allow- 
ing the passengers and crews a reasonable chance 
for their lives. We are, therefore, confronted 
with a situation where a gigantic military ma- 
chine has been thrown against peaceful peoples 
on land and on sea in a manner unprecedented 
in the annals of history. Submarines, armed 
raiders, and high-powered bombing planes are in- 
flicting death and destruction in a manner which 
would put to shame the most ruthless pirates of 
earlier days. 

The provisions of section 6 of the Neutrality 
Act are not called for under international law. 
They were adopted by our own choice. They 
now serve no useful purpose. On the contrary, 
they are a handicap. They render our merchant 
vessels defenseless and make them easier prey for 
twentieth-century pirates. 

It is our right to arm our vessels for purposes 
of defense. That cannot be questioned. We have, 
since the beginning of our independent existence, 
exercised this right of arming our merchant ves- 
sels whenever, for the purpose of protection, we 



33 

have needed to do so. For example, in 1798, when 
depredations on our commerce were being com- 
mitted by vessels sailing under authority of the 
French Republic, the Congress, after the expul- 
sion of the French Consuls from the United 
States, passed, upon recommendation of President 
Adams, an act permitting the arming of our mer- 
chant vessels for the purpose of defense against 
capture as well as to "subdue and capture' ' any 
armed vessel of France. The courts of France 
then held that the arming of American vessels 
for these purposes did not render such vessels 
liable to condemnation when captured by French 
men-of-war. 

In addition to what I have just said it is well 
known that since section 6 of the Neutrality Act 
was adopted entirely new conditions have de- 
veloped. Section 6 must, therefore, be recon- 
sidered in the light of these new conditions and 
in the light of later legislation and executive 
responsibilities thereunder. The new conditions 
have been produced by the Hitler movement of 
world invasion. Hitler is endeavoring to conquer 
the European and African and other Continents, 
and he therefore is desperately seeking to control 
the high seas. To this end he has projected his 
forces far out into the Atlantic with a policy of sub- 
marine lawlessness and terror. This broad move- 
ment of conquest, world-wide in its objectives, 
places squarely before the United States the ur- 
gent and most important question of self-defense. 
We cannot turn and walk away from the steadily 
spreading danger. Both the Congress and the 
Executive have recognized this change in the sit- 



34 

nation. The Congress has enacted and the 
Executive is carrying out a policy of aiding Great 
Britain and other nations whose resistance to 
aggression stands as the one great barrier be- 
tween the aggressors and the hemisphere whose 
security is our security. 

The theory of the neutrality legislation was that 
by acting within the limitations which it pre- 
scribed we could keep away from danger. But 
danger has come to us — has been thrust upon us — 
and our problem now is not that of avoiding it 
but of defending ourselves against a hostile move- 
ment seriously threatening us and the entire 
Western Hemisphere. 

The blunt truth is that the world is steadily 
being dragged downward and backward by the 
mightiest movement of conquest ever attempted 
in all history. Armed and militant predatory 
forces are marching across continents and in- 
vading the seas, leaving desolation in their wake. 
With them rides a policy of frightfulness, pillage, 
murder, and calculated cruelty which fills all 
civilized mankind with horror and indignation. 
Institutions devoted to the safeguarding and pro- 
motion of human rights and welfare built up 
through the ages are being destroyed by methods 
like those used by barbarian invaders 16 centuries 
ago. 

To many people, especially in a peace-loving 
country like ours, this attempt at world-conquest r 
now proceeding on an ever-expanding scale, ap- 
pears so unusual and unprecedented that they do 
not at all perceive the danger to this country that 
this movement portends. This failure to realize 



35 

and comprehend the vastness of the plan and the 
savagery of its unlimited objectives has been, and 
still is, the greatest single source of peril to those 
free peoples who are yet unconquered and who 
still possess and enjoy their priceless institutions. 
If the 16 nations that already have been overrun 
and enslaved could break their enforced silence 
and speak to us, they would cry out with a single 
voice, "Do not delay your defense until it is too 
late." 

The Hitler government is engaged in a progres- 
sive and widening assault carried out through un- 
restricted attacks by submarines, surface raiders, 
and aircraft at widely separated points. The in- 
tent of these attacks is to intimidate this country 
into weakening or abandoning the legitimate de- 
fenses of the hemisphere by retreating from the 
seas. In defiance of the laws of the sea and the 
recognized rights of all nations, the Hitler gov- 
ernment has presumed to declare on paper that 
great areas of the ocean are to be closed and that 
no ships may enter those areas for any purpose 
except at peril of being sunk. This pronounce- 
ment of indiscriminate sinking makes no distinc- 
tion between armed and unarmed vessels, nor does 
the actual practice of the German Government 
make any such distinction. Since vessels are thus 
sunk whether armed or unarmed, it is manifest 
that a greater degree of safety would be had by 
arming them. Moreover, Germany carries her 
policy of frightfulness, especially in the Atlantic, 
far outside of these paper areas. 

We are confronted with a paramount problem, 
and w T e must be guided by a controlling principle. 



36 

The problem is to set up as swiftly as possible the 
most effective means of self-defense. The prin- 
ciple is that the first duty of an independent na- 
tion is to safeguard its own security. 

In the light of these considerations, further 
revision of our neutrality legislation is now im- 
peratively required. Now, as in earlier times, 
necessary measures on land and sea for the de- 
fense of the United States and of the other inde- 
pendent nations of this hemisphere must be taken, 
in accordance with the wise, settled, and tradi- 
tional policy of our Republic. 

We are today face to face with a great emer- 
gency. We should not sit with our hands tied 
by these provisions of law. 

If Hitler should succeed in his supreme pur- 
pose to conquer Great Britain and thus secure 
control of the high seas, we would suddenly find 
the danger at our own door. 

Provisions of the Neutrality Act must not pre- 
vent our full defense. Any that stand in the way 
should be promptly repealed. I support the 
pending proposal to repeal section 6. My own 
judgment is that section 2 also should be repealed 
or modified. 

X. NAVY AND TOTAL DEFENSE DAY 

Address by the President October 27, 1941 

(Dept of State Bulletin, Vol. V, No. 123, Nov. 1, 1941) 

Five months ago tonight I proclaimed to the 
American people the existence of a state of unlim- 
ited emergency. 



37 

Since then much has happened. Our Army and 
Navy are temporarily in Iceland in the defense of 
the Western Hemisphere. 

Hitler has attacked shipping in areas close to 
the Americas throughout the Atlantic. 

Many American-owned merchant ships have been 
sunk on the high seas. One American destroyer 
was attacked on September fourth. Another de- 
stroyer was attacked and hit on October seven- 
teenth. Eleven brave and loyal men of our Navy 
were killed by the Nazis. 

We have wished to avoid shooting. But the 
shooting has started. And history has recorded 
who fired the first shot. In the long run, however, 
all that will matter is who fired the last shot. 

America has been attacked. The U. S. S. Kearny 
is not just a Navy ship. She belongs to every man, 
woman, and child in this Nation. 

Illinois, Alabama, California, North Carolina, 
Ohio, Louisiana, Texas, Pennsylvania, Georgia, 
Arkansas, New York, Virginia — those are the home 
States of the honored dead and wounded of the 
Kearny. Hitler's torpedo was directed at every 
American, whether he lives on our seacoasts or in 
the innermost part of the Nation, far from the seas 
and far from the guns and tanks of the marching 
hordes of w T ould-be conquerors of the world. 

The purpose of Hitler's attack was to frighten 
the American people off the high seas- — to force us 
to make a trembling retreat. This is not the first 
time he has misjudged the American spirit. That 
spirit is now aroused. 



38 

If our national policy were to be dominated by 
the fear of shooting, then all of our ships and those 
of our sister republics would have to be tied up in 
home harbors. Our Navy would have to remain 
respectfully— abjectly — behind any line which Hit- 
ler might decree on any ocean as his own dictated 
version of his own war zone. 

Naturally we reject that absurd and insulting 
suggestion. We reject it because of our own self- 
interest, our own self-respect, and our own good 
faith. Freedom of the seas is now, as it has always 
been, the fundamental policy of this Government. 

Hitler has often protested that his plans for con- 
quest do not extend across the Atlantic Ocean. His 
submarines and raiders prove otherwise. So does 
the entire design of his new world-order. 

For example, I have in my possession a secret 
map made in Germany by Hitler's government — by 
the planners of the new world-order. It is a map 
of South America and a part of Central America 
as Hitler proposes to reorganize it. Today in this 
area there are 14 separate countries. The geo- 
graphical experts of Berlin, however, have ruth- 
lessly obliterated all existing boundary lines and 
have divided South America into five vassal states, 
bringing the whole continent under their domina- 
tion. And they have also so arranged it that the 
territory of one of these new puppet states includes 
the Eepublic of Panama and our great lifeline — the 
Panama Canal. 

This map makes clear the Nazi design not only 
against South America but against the United 
States itself. 

Your Government has in its possession another 
document made in Germany by Hitler's govern- 



39 

ment. It is a detailed plan, which, for obvious rea- 
sons, the Nazis did not wish to publicize just yet, 
but which they are ready to impose on a dominated 
world — if Hitler wins. It is a plan to abolish all 
existing religions — Protestant, Catholic, Moham- 
medan, Hindu, Buddhist, and Jewish alike. The 
property of all churches will be seized by the Reich. 
The cross and all other symbols of religion are to 
be forbidden. The clergy are to be forever silenced 
under penalty of the concentration camps, where 
even now so many fearless men are being tortured 
because they placed God above Hitler. 

In the place of the churches of our civilization, 
there is to be set up an International Nazi Church — 
a church which will be served by orators sent out 
by the Nazi government. In the place of the Bible t 
the words of Mein Kampf will be imposed and en- 
forced as Holy Writ. And in place of the cross of 
Christ will be put two symbols — the swastika and 
the naked sword. 

The God of Blood and Iron will take the place 
of the God of Love and Mercy. 

These grim truths which I have told you of the 
present and future plans of Hitlerism will of course 
be hotly denied tomorrow in the controlled press 
and radio of the Axis Powers. And some Ameri- 
cans will continue to insist that Hitler's plans need 
not worry us — and that we should not concern our- 
selves with anything that goes on beyond rifle shot 
of our own shores. 

The protestations of these American citizens — 
few in number — will, as usual, be paraded with ap- 
plause through the Axis press and radio during the 
next few days, in an effort to convince the world 
that the majority of Americans are opposed to their 



40 

duly chosen Government, and in reality are only 
waiting to jump on Hitler's bandwagon when it 
comes this way. 

The motive of such Americans is not the point 
at issue. The fact is that Nazi propaganda con- 
tinues in desperation to seize upon such isolated 
statements as proof of American disunity. 

The Nazis have made up their own list of modern 
American heroes. It is, fortunately, a short list. 
I am glad that it does not contain my name. 

All of us Americans, of all opinions, are faced 
with the choice between the kind of world we want 
to live in and the kind of world which Hitler and 
his hordes would impose upon us. 

None of us wants to burrow under the ground 
and live in total darkness like a comfortable mole. 

The forward march of Hitlerism can be stop- 
ped — and it will be stopped. 

Very simply and very bluntly — we are pledged 
to pull our own oar in the destruction of Hitlerism. 

And when we have helped to end the curse of 
Hitlerism we shall help to establish a new peace 
which will give to decent people everywhere a better 
chance to live and prosper in security and in free- 
dom and in faith. 

Each day that passes we are producing and pro- 
viding more and more arms for the men who are 
fighting on actual battlefronts. That is our pri- 
mary task. 

And it is the Nation's will that these vital arms 
and supplies of all kinds shall neither be locked up 
in American harbors nor sent to the bottom of the 
sea. It is the Nation's will that America shall 
deliver the goods. In open defiance of that will, 



41 

our ships have been sunk and our sailors have been 
killed. 

I say that we do not propose to take this lying 
down. 

Our determination not to take it lying down has 

I say that we do not propose to take this lying 
to shoot on sight. Those orders stand. 

Furthermore, the House of Representatives has 
already voted to amend part of the Neutrality Act 
of 1939, today outmoded by force of violent circum- 
stances. The Senate Committee on Foreign Rela- 
tions has also recommended elimination of other 
hamstringing provisions in that act. That is the 
course of honesty and of realism. 

Our American merchant ships must be armed to 
defend themselves against the rattlesnakes of the 
sea. 

Our American merchant ships must be free to 
carry our American goods into the harbors of our 
friends. 

Our American merchant ships must be protected 
by our American Navy. 

It can never be doubted that the goods will be 
delivered by this Nation, whose Navy believes in the 
tradition of "Damn the torpedoes; full speed 
ahead!" 

Our national will must speak from every assem- 
bly line in our vast industrial machine. Our fac- 
tories and our shipyards are constantly expanding. 
Our output must be multiplied. 

It cannot be hampered by the selfish obstruction 
of a small but dangerous minority of industrial 
managers who hold out for extra profits or for 
" business as usual". It cannot be hampered by 



42 

the selfish obstruction of a small but dangerous 
minority of labor leaders who are a menace to the 
true cause of labor itself, as well as to the Nation 
as a whole. 

The lines of our essential defense now cover all 
the seas, and to meet the extraordinary demands of 
today and tomorrow our Navy grows to unprece- 
dented size. Our Navy is ready for action. 
Indeed, units of it in the Atlantic patrol are in 
action. Its officers and men need no praise from 
me. 

Our new Army is steadily developing the 
strength needed to withstand the aggressors. Our 
soldiers of today are worthy of the proudest tradi- 
tions of the United States Army. But traditions 
cannot shoot down dive bombers or destroy tanks. 
That is why we must and shall provide, for every 
one of our soldiers, equipment and weapons — not 
merely as good but better than that of any other 
army on earth. And we are doing that right now. 

For this — and all of this — is what we mean by 
total national defense. 

The first objective of that defense is to stop Hit- 
ler. He can be stopped and can be compelled to dig 
in. And that will be the beginning of his downfall, 
because dictatorship of the Hitler type can live 
only through continuing victories— increasing 
conquests. 

The facts of 1918 are proof that a mighty Ger- 
man Army and a tired German people can crumble 
rapidly and go to pieces when they are faced with 
successful resistance. 

Nobody who admires qualities of courage and 
endurance can fail to be stirred by the full-fledged 



43 

resistance of the Russian people. The Russians 
are fighting for their own soil and their own homes. 
Russia needs all kinds of help — planes, tanks, guns, 
medical supplies, and other aids — toward the suc- 
cessful defense against the invaders. From the 
United States and from Britain she is getting great 
quantities of those essential supplies. But the 
needs of her huge army will continue — and our help 
and British help will have to continue ! 

The other day the Secretary of State of the 
United States was asked by a Senator to justify our 
giving aid to Russia. His reply was: "The 
answer to that depends on how anxious a person is 
to stop and destroy the march of Hitler in his con- 
quest of the world. If he were anxious enough to 
defeat Hitler, he would not worry about who was 
helping to defeat him." 

Upon our American production falls the colossal 
task of equipping our own armed forces and help- 
ing to supply the British, the Russians, and the 
Chinese. In the performance of that task we dare 
not fail. And we will not fail. 

It has not been easy for us Americans to adjust 
ourselves to the shocking realities of a world in 
which the principles of common humanity and com- 
mon decency are being mowed down by the firing 
squads of the Gestapo. We have enjoyed many of 
God's blessings. We have lived in a broad and 
abundant land, and by our industry and produc- 
tivity we have made it flourish. 

There are those who say that our great good for- 
tune has betrayed us — that we are now no match for 
the regimented masses who have been trained in the 
Spartan ways of ruthless brutality. They say that 

492005—43 4 



44 

we have grown fat and flabby and lazy — and that we 
are doomed. 

But those who say that know nothing of America 
or of American life. 

They do not know that this land is great because 
it is a land of endless challenge. Our country was 
first populated, and it has been steadily developed, 
by men and women in whom there burned the spirit 
of adventure and restlessness and individual inde- 
pendence which will not tolerate oppression. 

Ours has been a story of vigorous challenges 
which have been accepted and overcome — chal- 
lenges of uncharted seas, of wild forests and desert 
plains, of raging floods and withering drought, of 
foreign tyrants and domestic strife, of staggering 
problems — social, economic, and physical; and we 
have come out of them the most powerful nation — 
and the freest — -in all of history. 

Today in the face of this newest and greatest 
challenge, we Americans have cleared our decks and 
taken our battle stations. We stand ready in the 
defense of our Nation and the faith of our fathers 
to do what God has given us the power to see as our 
full duty. 

XI. CLAIMS AGAINST GERMANY IN THE CASE OF 
THE "ROBIN MOOR" 

(Dept. of State Bulletin, Vol. V, No. 124, Nov. 8, 1941) 

On June 20, 1941 the State Department sent to 
the German Embassy in Washington, for the in- 
formation of the German Government, the Presi- 
dent's message to the Congress regarding the sink- 
ing of the Robin Moor. The German Charge 
d 'Affaires replied on June 24, 1941 as follows : 



45 

"Washington, D. C, 

"June Hi *W- 

^'Mr. Undersecretary of State : 

"In reply to your note of the 20th of this month, I have 
the honor to advise you that I do not find myself in a posi- 
tion to pass on, in accordance with your request, the text 
sent to me of a message to Congress from the President of 
the United States of America for the information of my 
Government. 

"Accept [etc.] Thomsen" 

On September 19 the Department sent a further 

note to the German Embassy, the text of which is as 

follows : 

"September 19, 1941. 

"Sir: 

"Reference is made to the Department's communication of 
June 20, 1941, with which there was transmitted, by direc- 
tion of the President of the United States, a copy of a mes- 
sage addressed on that date by the President to the Congress 
of the United States in which it was stated that the German 
Government would be expected to make full reparation for 
the losses and damages sustained by American nationals as 
a consequence of the unlawful sinking of the American 
vessel Robin Moor by a German submarine on May 21, 1941 
in the south Atlantic Ocean. 

"I now have to inform you that after an investigation 
undertaken for the purpose of ascertaining the extent of the 
losses and damages sustained, and with a view to effecting a 
prompt liquidation of the matter, the Government of the 
United States is prepared to accept, for appropriate distri- 
bution by it, the lump sum of $2,967,092.00, currency of the 
United States, in satisfaction and full settlement of all 
-claims of the United States and its nationals against the 
German Government for losses and damages sustained as a 
consequence of the sinking, subject, however, to the condi- 
tion that payment of that sum by the German Government 
be effected at Washington within ninety days from this 
date. While the sum mentioned includes an amount repre- 
senting the value of property of this Governmnent which 



46 

was on board the vessel, no item of punitive damages is 
included. 

"Accept [etc.] Cordell Hull" 

This last note was acknowledged by the German 
Embassy on the same day with a statement that the 
contents of the note had been transmitted to the 
German Government. 

Later, on September 26, the German Embassy 
the following communication to the Department of 
State : 

"Washington, D. C, 

"September @6, 1941. 
"Mr. Secretary of State : 

"On the 19th day of this month you sent me a new note 
with reference to your communication of June 20 of this 
year concerning the American steamer Robin Moor. I have 
the honor to reply to you herewith that the two communica- 
tions made are not such as to lead to an appropriate reply 
by my Government. In this regard I refer to my note of 
June 25th [June 24] of this year. 

"Accept [etc.] Thomsen" 

XII. REVISION OF THE NEUTRALITY ACT OF 1939 

Letter of the President to the Speaker and 
the Majority Leader of the House 

(Dept. of State Bulletin, Vol. V, No. 125, Nov. 15, 1941) 

The text of a letter addressed by the President 
to the Honorable Sam Rayburn, Speaker of the 
House, and the Honorable John W. McCormack, 
Majority Leader of the House, follows: 

"My Dear Mr. Speaker and Mr. McCormack : 

"I had had no thought of expressing to the House my 
views of the effect, in foreign countries and especially in 
Germany, of favorable or unfavorable action on the Sen- 
ate amendments. 



47 

"But in view of your letter, I am replying as simply and 
clearly as I know how. 

"In my message of October 9, I definitely recommended 
arming of ships and removing the prohibition against 
sending American-flag ships into belligerent ports. Both 
I regarded as of extreme importance — the first I called of 
immediate importance at that time. This did not lessen 
the importance of the second. Another month has gone 
by, and the second I regard today as of at least equal 
importance with the first. 

"In regard to the repeal of sections 2 and 3 of the 
Neutrality Act, I need only call your attention to three 
elements. The first concerns the continued sinking of 
American -flag ships in many parts of the ocean. The 
second relates to great operational advantages in making 
continuous voyages to any belligerent port in any part of 
the world; thus,, in all probability increasing the total 
percentage of goods — foodstuffs and munitions — actually 
delivered to those nations fighting Hitlerism. The third 
is the decision by the Congress and the Executive that 
this Nation, for its own present and future defense, must 
strengthen the supply line to all of those who are today 
keeping Hitlerism far from the Americas. 

"With all of this in mind, the world is obviously watch- 
ing the course of this legislation. 

"In the British Empire, in China, and in Russia — all of 
whom are fighting a defensive war against invasion — the 
effect of failure of the Congress to repeal sections 2 and 
3 of the Neutrality Act would be definitely discouraging. 
I am confident that it would not destroy their defense 
or morale, though it would weaken their position from the 
point of view of food and munitions. 

"Failure to repeal these sections would, of course, cause 
rejoicing in the Axis nations. Failure would bolster ag- 
gressive steps and intentions in Germany, and in the other 
well-known aggressor nations under the leadership of 
Hitler. 

"Judging by all recent experience, we could, all of us, 
look forward to enthusiastic applause in those three na- 



48 

tions based on the claim that the United States is dis- 
united as they have so often prophesied. 

"Our own position in the struggle against aggression 
would be definitely weakened, not only in Europe and in 
Asia, but also among our sister republics in the Americas, 
Foreign nations, friends and enemies, would misinterpret 
our own mind and purpose. 

"I have discussed this letter with the Secretary of State 
and he wholeheartedly concurs. 

"May I take this opportunity of mentioning that in my 
judgment failure of the House to take favorable action 
on the Senate amendments would also weaken our domestic 
situation? Such failure would weaken our great effort to 
produce all we possibly can and as rapidly as we can. 
Strikes and stoppages of work would become less serious in 
the mind of the public. 

"I am holding a conference tomorrow in the hope that 
certain essential coal mines can remain in continuous opera- 
tion. This may prove successful. 

"But if it is not successful it is obvious that this coal 
must be mined in order to keep the essential steel mills at 
work. The Government of the United States has the back- 
ing of the overwhelming majority of the people of the 
United States, including the workers. 
"Very sincerely yours, 

Franklin D. Roosevelt" 

XIIL NEUTRALITY LAW REPEAL 

Joint Resolution 

to repeal sections 2, 3, and 6 of the neutrality 
act of 1939, and for other purposes 

(Public Law 294— 77th Cong., Chap. 473, 1st Sess., H. J. Res. 237) 

Resolved by the Senate and House of Representatives of 
the United States of America in Congress assembled, That 
Section 2 of the Neutrality Act of 1939 (relating to com- 
merce with States engaged in armed conflict), and Section 



49 

3 of such Act (relating to combat areas), are hereby re- 
pealed. 

Section 2. Section 6 of the Neutrality Act of 1939 (re- 
lating to the arming of American vessels) is hereby re- 
pealed; and, during the unlimited national emergency 
proclaimed by the President on May 27, 1941, the Presi- 
dent is authorized, through such agency as he may desig- 
nate, to arm, or to permit or cause to be armed, any 
American vessel as defined in such Act. The provisions of 
Section 16 of the Criminal Code (relating to bonds from 
armed vessels on clearing) shall not apply to any such 
vessel. 

Approved, November 17, 1941, 4: 30 p. m., E, S. T. 

XIV. SEIZURE OF THE "ODENWALD" 

(New York Times, Nov. 19, 1941) 

The cruiser Omaha today was revealed, as the 
warship that seized the German freighter Oden- 
wald, disguised as the steamer Willmoto, of Phila- 
delphia, in Atlantic equatorial waters. 

The disclosure came in a libel for salvage, filed 
in the United States District Court by United 
States Attorney Cecil Snyder. The action was 
brought for the United States and on behalf of 
the Omaha's officers and crew. The Omaha 
brought the Odenwald to a San Juan anchorage 
yesterday. 

Libels were brought against the ship, cargo, and 
freight with a request that the court decree a full 
salvage award for the services of the Omaha, 
including saving the lives of the Odenwald' 's crew, 
and a request that the ship and cargo be sold to pay 
the salvage award. 

The brief document filed relates that on Nov. 
6 the Omaha came upon the vessel, flying the 



American flag, identified only by the name Will- 
mot o painted on her; that the ship had been 
abandoned by her master and crew and was sink- 
ing remote from any port of refuge or other 
assistance. 

The libel asserts that the freighter raised the 
signal " Sinking; send boats for passengers" fol- 
lowing which there were two explosions. The 
Omaha sped a boarding party which succeeded 
at great personal risk and with much gallantry in 
preventing the Wittmoto and her cargo from 
foundering and becoming a total loss." 

The Government made some clarification of the 
laws under which the freighter Odenwald was 
taken into custody, particularly the fact that the 
vessel was violating one section of the Neutrality 
Act that still stands, providing penalties for mis- 
use of the American flag. 

As passed in 1939, the Neutrality Act forbids 
any non- American vessel to use the American flag, 
or to "make use of distinctive signs or markings 
indicating that the same is an American vessel." 

Any vessel violating this law is to be barred for 
three months from American ports, a penalty that 
would not concern the German Government at this 
time. In addition, however, the act imposes gen- 
eral penalties for violations of any of its pro- 
visions, which might be levied against the op- 
erators of the ship. Under the general clause 
the operators may be imprisoned for two years or 
fined $10,000, or both penalties may be imposed. 

Capture of the ship drew attention to practices 
recognized under international law that permit 
merchant vessels to fly false colors to -escape im- 



51 

minent attack or capture. Warships may do like- 
wise, but these must break out their true colors 
before engaging in action. There was no clear 
indication whether the deception might extend to 
permanent false markings such as the American 
flags painted on the Odenwald. 

XV. PROTECTION OF BAUXITE MINES IN 

SURINAM 

(Dept. of State Bulletin, Vol. V, No. 127, Nov. 29, 1941) 

The bauxite mines in Surinam furnish upwards 
of 60 percent of the requirements of the United 
States aluminum industry, which is vital to the 
defense of the United States, the Western Hem- 
isphere, and the nations actively resisting aggres- 
sion. 

It is therefore necessary that the safety of these 
mines should be as completely assured as present 
conditions demand. 

In normal circumstances the Government of the 
Netherlands would, for the purpose of strengthen- 
ing further the defenses of Surinam, draw on the 
armed forces of the Netherlands Indies. In view, 
however, of the present situation in the southwest- 
ern Pacific, it is thought inadvisable to follow that 
course. 

For this reason the Governments of the Nether- 
lands and of the United States of America have 
entered into consultation. As a result, the latter 
has agreed to send a contingent of the United 
States Army to Surinam to cooperate with the 
Netherlands forces in assuring the protection of 
the bauxite mines in that territory. This contin- 
gent will, of course, be withdrawn as soon as the 



52 

present danger to the mines is removed and at the 
latest at the conclusion of hostilities. 

Simultaneously the Government of the Nether- 
lands has invited the Government of the United 
States of Brazil to participate in this defense 
measure. It is understood that Brazil will con- 
tribute to the common aim by exercising an espe- 
cial measure of military vigilance in the frontier 
zone adjacent to Surinam and by sending a mission 
to Paramaribo to exchange information and con- 
cert all other steps on the basis indicated to assure 
maximum efficiency of the safety measures thus 
being jointly undertaken by the Brazilian, "United 
States, and Netherlands forces. 

The Government of Brazil has indicated its 
whole-hearted approval of the emergency meas- 
ures. 

At the same time, the Government of the 
United States has notified the Governments of the 
American republics of the foregoing arrange- 
ments, which have been reached in the interests of 
all. 

XVI. ARMING OF AMERICAN MERCHANT 

VESSELS 

(Dept. of State Bulletin. Vol. V, No. 127, Nov. 29, 1941) 

American merchant vessels sailing on routes be- 
tween United States ports and ports of Spain, 
Portugal, and their adjacent island possessions 
will not be armed. 

American merchant vessels sailing in the inter- 
American trade between ports of the United States 
and ports in Central and South America will not 
be armed. 



53 

American merchant vessels sailing on routes in 
the Pacific Ocean will not be armed under exist- 
ing circumstances. 

Public announcement will be made of any 
change of policy affecting any of these routes. 

XVII. THE JAPANESE ATTACK 

Statement by the Secretary of State 

(Dept. of State Bulletin, Vol, V, No. 129, Dec. 13, 1941) 

Jajjan has made a treacherous and utterly unpro- 
voked attack upon the United States. 

At the very moment when representatives of the 
Japanese Government were discussing with repre- 
sentatives of this Government, at the request of the 
former, principles and courses of peace, the armed 
forces of Japan were preparing and assembling at 
various strategic points to launch new attacks and 
new aggressions upon nations and peoples with 
which Japan was professedly at peace including the 
United States. 

I am now releasing for the information of the 
American people the statement of principles gov- 
erning the policies of the Government of the United 
States and setting out suggestions for a compre- 
hensive peaceful settlement covering the entire 
Pacific area, which I handed to the Japanese 
Ambassador on November 26, 1941. 

I am likewise releasing the text of a Japanese 
reply thereto which was handed to me by the Japa- 
nese Ambassador today. Before the Japanese 
Ambassador delivered this final statement from his 
Government the treacherous attack upon the 
United States had taken place. 



54 

This Government has stood for all the principles 
that underlie fair-dealing, peace, law and order T 
and justice between nations and has steadfastly 
striven to promote and maintain that state of rela- 
tions between itself and all other nations. 

It is now apparent to the whole world that Japan 
in its recent professions of a desire for peace has. 
been infamously false and fraudulent. 

XVIII. UNITED STATES NOTE TO JAPAN 
NOVEMBER 26 

(Dept. of State Bulletin, Vol V, No. 129, Dec. 13, 1941) 

The text of the document handed by the Secre- 
tary of State to the Japanese Ambassador on 
November 26, 1941, which consists of two parts, one 
an oral statement and one an outline of a proposed 
basis for agreement between the United States and 
Japan, reads as follows : 

"Oral 

"Strictly confidential 

''November 26, 1941. 

"The representatives of the Government of the United 
States and of the Government of Japan have been carrying- 
on during the past several months informal and exploratory 
conversations for the purpose of arriving at a settlement if 
possible of questions relating to the entire Pacific area based 
upon the principles of peace, law and order and fair dealing 
among nations. These principles include the principle of 
inviolability of territorial integrity and sovereignty of each 
and all nations; the principle of non-interference in the 
internal affairs of other countries ; the principle of equality, 
including equality of commercial opportunity and treat- 
ment; and the principle of reliance upon international 
cooperation and conciliation for the prevention and pacific 
settlement of controversies and for improvement of inter- 
national conditions by, peaae Jul methods and processes. 



55 

"It is believed that in our discussions some progress has 
been made in reference to the general principles which con- 
stitute the basis of a peaceful settlement covering the entire 
Pacific area. Recently the Japanese Ambassador has stated 
that the Japanese Government is desirous of continuing the 
conversations directed toward a comprehensive and peace- 
ful settlement in the Pacific area; that it would be helpful 
toward creating an atmosphere favorable to the successful 
outcome of the conversations if a temporary modus vivendi 
could be agreed upon to be in eifect while the conversations 
looking to a peaceful settlement in the Pacific were con- 
tinuing. On November 20 the Japanese Ambassador com- 
municated to the Secretary of State proposals in regard 
to temporary measures to be taken respectively by the Gov- 
ernment of Japan and by the Government of the United 
States, which measures are understood to have been designed 
to accomplish the purposes above indicated. 

"The Government of the United States most earnestly 
desires to contribute to the promotion and maintenance of 
peace and stability in the Pacific area, and to afford every 
opportunity for the continuance of discussions with the 
Japanese Government directed toward working out a 
broad-gauge program of peace throughout the Pacific area. 
The proposals which were presented by the Japanese Am- 
bassador on November 20 contain some features which, in 
the opinion of this Government, conflict with the funda- 
mental principles which form a part of the general settle- 
ment under consideration and to which each Government 
has declared that it is committed. The Government of 
the United States believes that the adoption of such pro- 
posals would not be likely to contribute to the ultimate 
objectives of ensuring peace under law, order and justice in 
the Pacific area, and it suggests that further effort be made 
to resolve our divergences of view in regard to the prac- 
tical application of the fundamental principles already 
mentioned. 

"With this object in view the Government of the United 
States offers for the consideration of the Japanese Gov- 
ernment a plan of a broad but simple settlement covering 
the entire Pacific area as one practical exemplification of 



56 

a program which this Government envisages as something 
to be worked out during our further conversations. 

"The plan therein suggested represents an effort to bridge 
the gap between our draft of June 21, 1941 and the Japa- 
nese draft of September 25 by making a new approach 
to the essential problems underlying a comprehensive 
Pacific settlement. This plan contains provisions dealing 
with the practical application of the fundamental prin- 
ciples which we have agreed in our conversations consti- 
tute the only sound basis for worthwhile international 
relations. We hope that in this way progress toward 
reaching a meeting of minds between our two Govern- 
ments may be expedited. 5J 

'''Strictly confidential, tentative 
and without commitment 

"November 26, 1941. 

"Outline of Proposed Basis for Agreement Between the 
United States and Japan 

"Section I 

"Draft Mutual Declaration of Policy 

"The Government of the United States and the Govern- 
ment of Japan both being solicitous for the peace of the 
Pacific affirm that their national policies are directed 
toward lasting and extensive peace throughout the Pacific 
area, that they have no territorial designs in that area, that 
they have no intention of threatening other countries or 
of using military force aggressively against any neighbor- 
ing nation, and that, accordingly, in their national policies 
they will actively support and give practical application 
to the following fundamental principles upon which their 
relations with each other and with all other governments 
are based: 

"(1) The principle of inviolability of territorial integrity 
and sovereignty of each and all nations. 

"(2) The principle of non-interference in the internal 
affairs 1 of other countries. 



57 



"(3) The principle of equality, including equality of com- 
mercial opportunity and treatment. 

" (4) The principle of reliance upon international coopera- 
tion and conciliation for the prevention and pacific 
settlement of controversies and for improvement of 
international conditions by peaceful methods and 
processes. 

"The Government of Japan and the Government of the 
United States have agreed that toward eliminating chronic 
political instability, preventing recurrent economic collapse, 
and providing a basis for peace, they will actively support 
and practically apply the following principles in their eco- 
nomic relations with each other and with other nations and 
peoples : 

"(1) The principle of non-discrimination in international 
commercial relations. 

"(2) The principle of international economic cooperation 
and abolition of extreme nationalism as expressed in 
excessive trade restrictions. 

"(3) The principle of non-discriminatory access by all 
nations to raw material supplies. 

"(4) The principle of full protection of the interests of 
consuming countries and populations as regards the 
operation of international commodity agreements. 

"(5) The principle of establishment of such institutions 
and arrangements of international finance as may 
lend aid to the essential enterprises and the continu- 
ous development of all countries and may permit pay- 
ments through processes of trade consonant with the 
welfare of all countries. 

"Section II 

"Steps To Be Taken by the Government of the United States 
and by the Government of Japan 

"The Government of the United States and the Govern- 
ment of Japan propose to take steps as follows : 

"1. The Government of the United States and the Gov- 
ernment of Japan will endeavor to conclude a multilateral 



58 

non-aggression pact among the British Empire, China, 
Japan, the Netherlands, the Soviet Union, Thailand and 
the United States. 

"2. Both Governments will endeavor to conclude among 
the American, British, Chinese, Japanese, the Netherland 
and Thai Governments an agreement whereunder each of the 
Governments would pledge itself to respect the territorial 
integrity of French Indochina and, in the event that there 
should develop a threat to the territorial integrity of Indo- 
china, to enter into immediate consultation with a view to 
taking such measures as may be deemed necessary and ad- 
visable to meet the threat in question. Such agreement 
would provide also that each of the Government party to 
the agreement would not seek or accept preferential treat- 
ment in its trade or economic relations with Indochina and 
would use its influence to obtain for each of the signatories 
equality of treatment in trade and commerce with French 
Indochina. 

"3. The Government of Japan will withdraw all military, 
naval, air and police forces from China and from Indochina. 

"4. The Government of the United States and the Gov- 
ernment of Japan will not support — militarily, politically, 
economically — any government or regime in China other 
than the National Government of the Republic of China 
with capital temporarily at Chungking. 

"5. Both Governments will give up all extraterritorial 
rights in China, including rights and interests in and with 
regard to international settlements and concessions, and 
rights under the Boxer Protocol of 1901. 

"Both Governments will endeavor to obtain the agreement 
of the British and other governments to give up extraterri- 
torial rights in China, including rights in international 
settlements and in concessions and under the Boxer Protocol 
of 1901. 

"6. The Government of the United States and the Gov- 
ernment of Japan will enter into negotiations for the con- 
clusion between the United States and Japan of a trade 
agreement, based upon reciprocal most favored-nation treat- 
ment and reduction of trade barriers by both countries, 



59 

including an undertaking by the United States to bind raw 
silk on the free list. 

"7. The Government of the United States and the Gov- 
ernment of Japan will, respectively, remove the freezing 
restrictions on Japanese funds in the United States and on 
American funds in Japan. 

"8. Both Governments will agree upon a plan for the 
stabilization of the dollar-yen rate, with the allocation of 
funds adequate for this purpose, half to be supplied by 
Japan and half by the United States. 

"9. Both Governments will agree that no agreement 
which either has concluded with any third power or powers 
shall be interpreted by it in such a way as to conflict with 
the fundamental purpose of this agreement, the establish- 
ment and preservation of peace throughout the Pacific area. 

"10. Both Governments will use their influence to cause 
other governments to adhere to and to give practical ap- 
plication to the basic political and economic principles set 
forth in this agreement." 

XIX. MESSAGE FROM THE PRESIDENT TO THE 
EMPEROR OF JAPAN DECEMBER 6 

(Dept. of State Bulletin, Vol. V, No. 129, Dec. 13, 1941) 

The following message from the President to 
the Emperor of Japan was dispatched Saturday 
afternoon, December 6, and public announcement 
was made at that time that this message to the Em- 
peror had been sent by the President : 

"Almost a century ago the President of the United 
States addressed to the, Emperor of Japan a message ex- 
tending an offer of friendship of the people of the United 
States to the people of Japan. That offer was accepted, 
and in the long period of unbroken peace and friendship 
which has followed, our respective nations, through the 
virtues of their peoples and the wisdom of their rulers 
liave prospered and have substantially helped humanity. 

492005—43 5 



60 

"Only in situations of extraordinary importance to our 
two countries need I address to Your Majesty messages 
on matters of state. I feel I should now so address you 
because of the deep and far-reaching emergency which 
appears to be in formation. 

"Developments are occurring in the Pacific* area which 
threaten to deprive each of our nations and all humanity 
of the beneficial influence of the long peace between our 
two countries. Those developments contain tragic possi- 
bilities. 

"The people of the United States, believing in peace and 
in the right of nations to live and let live, have eagerly 
watched the conversations between our two Governments 
during these past months. We have hoped for a termina- 
tion of the present conflict between Japan and China. We 
have hoped that a peace of the Pacific could be consum- 
mated in such a way that nationalities of many diverse peo- 
ples could exist side by side without fear of invasion; that 
unbearable burdens of armaments could be lifted for them 
all; and that all peoples would resume commerce without 
discrimination against or in favor of any nation. 

"I am certain that it will be clear to Your Majesty, as it 
is to me, that in seeking these great objectives both Japan 
and the United States should agree to eliminate any form 
of military threat. This seemed essential to the attainment 
of the high objectives. 

"More than a year ago Your Majesty's Government con- 
cluded an agreement with the Vichy Government by which 
five or six thousand Japanese troops were permitted to enter 
into Northern French Indo-China for the protection of 
Japanese troops which were operating against China further 
north. And this Spring and Summer the Vichy Govern- 
ment permitted further Japanese military forces to enter 
into Southern French Indo-China for the common defense 
of French Indo-China. I think I am correct in saying that 
no attack has been made upon Indo-China, nor that any has 
been contemplated. 

"During the past few weeks it has become clear to the 
world that Japanese military, naval and air forces have been 
sent to Southern Indo-China in such large numbers as to 



61 

create a reasonable doubt on the part of other nations that 
this continuing concentration in Indo-China is not defensive 
in its character. 

"Because these continuing concentrations in Indo-China 
have reached such large proportions and because they extend 
now to the southeast and the southwest corners of that 
Peninsula, it is only reasonable that the people of the Philip- 
pines, of the hundreds of Islands of the East Indies, of 
Malaya and of Thailand itself are asking themselves whether 
these forces of Japan are preparing or intending to make 
attack in one or more of these many directions. 

"I am sure that Your Majesty will understand that the 
fear of all these peoples is a legitimate fear inasmuch as it 
involves their peace and their national existence. I am sure 
that Your Majesty will understand why the people of the 
United States in such large numbers look askance at the 
establishment of military, naval and air bases manned and 
equipped so greatly as to constitute armed forces capable of 
measures of offense. 

"It is clear that a continuance of such a situation is 
unthinkable. 

"None of the peoples whom I have spoken of above can 
sit either indefinitely or permanently on a keg of dynamite. 

"There is absolutely no thought on the part of the United 
States of invading Indo-China if every Japanese soldier or 
sailor were to be withdrawn therefrom. 

"I think that we can obtain the same assurance from the 
Governments of the East Indies, the Governments of Malaya 
and the Government of Thailand. I would even undertake 
to ask for the same assurance on the part of the Government 
of China. Thus a withdrawal of the Japanese forces from 
Indo-China would result in the assurance of peace through- 
out the whole of the South Pacific area. 

"I address myself to Your Majesty at this moment in the 
fervent hope that Your Majesty may, as I am doing, give 
thought in this definite emergency to ways of dispelling the 
dark clouds. I am confident that both of us, for the sake of 
the peoples not only of our own great countries but for the 
sake of humanity in neighboring territories, have a sacred 
duty to restore traditional amity and prevent further death 
and destruction in the world." 



62 

XX. JAPANESE NOTE TO THE UNITED STATES 

DECEMBER 7 

(Dept. of State Bulletin, Vol. V, No. 129, Dec. 13, 1941) 

On November 26 the Secretary of State handed 
to the Japanese representatives a document which 
stated the principles governing the policies of the 
Government of the United States toward the situ- 
ation in the Par East and setting out suggestions 
for a comprehensive peaceful settlement covering 
the entire Pacific area. 

At 1 p. m. December 7 the Japanese Ambassador 
asked for an appointment for the Japanese repre- 
sentatives to see the Secretary of State. The ap- 
pointment was made for 1 : 45 p. m. The Japanese 
representatives arrived at the office of the Secretary 
of State at 2 : 05 p. m. They were received by the 
Secretary at 2 : 20 p. m. The Japanese Ambassa- 
dor handed to the Secretary of State what was 
understood to be a reply to the document handed 
to him by the Secretary of State on November 26. 

Secretary Hull carefully read the statement pre- 
sented by the Japanese representatives and immedi- 
ately turned to the Japanese Ambassador and with 
the greatest indignation said : 

"I must say that in all my conversations with you [the 
Japanese Ambassador] during the last nine months I have 
never uttered one word of untruth. This is borne out abso- 
lutely by the record. In all my 50 years of public service 
I have never seen a document that was more crowded with 
infamous falsehoods and distortions — infamous falsehoods 
and distortions on a scale so huge that I never imagined 
until today that any Government on this planet was capable 
of uttering them." 



63 

The text of the document handed by the Japanese 
Ambassador to the Secretary of State at 2 : 20 p. m., 
December 7, 1941, reads as follows : 

"Memorandum 

"1. The Government of Japan, prompted by a genuine 
desire to come to an amicable understanding with, the Gov- 
ernment of the United States in order that the two countries 
by their joint efforts may secure the peace of the Pacific Area 
and thereby contribute toward the realization of world peace, 
has continued negotiations with the utmost sincerity since 
April last with the Government of the United States regard- 
ing the adjustment and advancement of Japanese-American 
relations and the stabilization of the Pacific Area. 

"The Japanese Government has the honor to state frankly 
its views concerning the claims the American Government 
has persistently maintained as well as the measures the 
United States and Great Britain have taken toward Japan 
during these eight months. 

u 2. It is the immutable policy of the Japanese Government 
to insure the stability of East Asia and to promote world 
peace and thereby to enable all nations to find each its 
proper place in the world. 

"Ever since China Affair broke out owing to the failure 
on the part of China to comprehend Japan's true inten- 
tions, the Japanese Government has striven for the restora- 
tion of peace and it has consistently exerted its best efforts 
to prevent the extension of war-like disturbances. It was 
also to that end that in September last year Japan con- 
cluded the Tripartite Pact with Germany and Italy. 

"However, both the United States and Great Britain have 
resorted to every possible measure to assist the Chungking 
regime so as to obstruct the establishment of a general peace 
between Japan and China, interfering with Japan's con- 
structive endeavours toward the stabilization of East Asia. 
Exerting pressure on the Netherlands East Indies, or menac- 
ing French Indo-China, they have attempted to frustrate 
Japan's aspiration to the ideal of common prosperity in 



64 

cooperation with these regions. Furthermore, when Japan 
in accordance with its protocol with France took measures 
of joint defense of French Indo-China, both American and 
British Governments, wilfully misinterpreting it as a threat 
to their own possessions, and inducing the Netherlands Gov- 
ernment to follow suit, they enforced the assets freezing 
order, thus severing economic relations with Japan. While 
manifesting thus an obviously hostile attitude, these coun- 
tries have strengthened their military preparations perfect- 
ing an encirclement of Japan, and have brought about a 
situation which endangers the very existence of the Empire. 

"Nevertheless, to facilitate a speedy settlement, the Pre- 
mier of Japan proposed, in August last, to meet the Presi- 
dent of the United States for a discussion of important 
problems between the two countries covering the entire Pa- 
cific area. However, the American Government, while ac- 
cepting in principle the Japanese proposal, insisted that the 
meeting should take place after an agreement of view had 
been reached on fundamental and essential questions. 

u 3. Subsequently, on September 25th the Japanese Govern- 
ment submitted a proposal based on the formula proposed 
by the A.merican Government, taking fully into considera- 
tion past American claims and also incorporating Japanese 
views. Repeated discussions proved of no avail in produc- 
ing readily an agreement of view. The present cabinet, 
therefore, submitted a revised proposal, moderating still 
further the Japanese claims regarding the principal points 
of difficulty in the negotiation and endeavoured strenuously 
to reach a settlement. But the American Government, ad- 
hering steadfastly to its original assertions, failed to display 
in the slightest degree a spirit of conciliation. The nego- 
tiation made no progress. 

"Therefore, the Japanese Government, with a view to 
doing its utmost for averting a crisis in Japanese-American 
relations, submitted on November 20th still another proposal 
in order to arrive at an equitable solution of the more essen- 
tial and urgent questions which, simplifying its previous 
proposal, stipulated the following points : 

"(1) The Governments of Japan and the United States 
undertake not to dispatch armed forces into any of 



65 

the regions, excepting French Indo-China, in the 
Southeastern Asia and the Southern Pacific area. 

"(2) Both Governments shall cooperate with the view to 
securing the acquisition in the Netherlands East 
Indies of those goods and commodities of which the 
two countries are in need. 

"(3) Both Governments mutually undertake to restore 
commercial relations to those prevailing prior to the 
freezing of assets. 

"The Government of the United States shall supply Japan 
the required quantity of oil. 

" (4) The Government of the United States undertakes not 
to resort to measures and actions prejudicial to the 
endeavours for the restoration of general peace be- 
tween Japan and China. 

"(5) The Japanese Government undertakes to withdraw 
troops now stationed in French Indo-China upon 
either the restoration of peace between Japan and 
China or the establishment of an equitable peace in 
the Pacific Area; and it is prepared to remove the 
Japanese troops in the southern part of French Indo- 
China to the northern part upon the conclusion of the 
present agreement. 

"As regards China, the Japanese Government, while ex- 
pressing its readiness to accept the offer of the President of 
the United States to act as 'introducer' of peace between 
Japan and China as was previously suggested, asked for an 
undertaking on the part of the United States to do nothing 
prejudicial to the restoration of Sino-Japanese peace when 
the two parties have commenced direct negotiations. 

"The American Government not only rejected the above- 
mentioned new proposal, but made known its intention to 
continue its aid to Chiang Kai-shek ; and in spite of its sug- 
gestion mentioned above, withdrew the offer of the President 
to act as so-called 'introducer' of peace between Japan and 
China, pleading that time was not yet ripe for it. Finally 
on November 26th, in an attitude to impose upon the Japa- 
nese Government those principles it has persistently main- 
tained, the American Government made a proposal totally 



66 

ignoring Japanese claims, which is a source of profound 
regret to the Japanese Government. 

"4- From the beginning of the present negotiation the 
Japanese Government has always maintained an attitude of 
fairness and moderation, and did its best to reach a settle- 
ment, for which it made all possible concessions often in 
spite of great difficulties. As for the China question which 
constitutes an important subject of the negotiation, the 
Japanese Government showed a most conciliatory attitude. 
As for the principle of non-discrimination in international 
commerce, advocated by the American Government, the 
Japanese Government expressed its desire to see the said 
principle applied throughout the world, and declared that 
along with the actual practice of this principle in the world, 
the Japanese Government would endeavour to apply the 
same in the Pacific area including China, and made it clear 
that Japan had no intention of excluding from China eco- 
nomic activities of third powers pursued on an equitable 
basis. Furthermore, as regards the question of withdraw- 
ing troops from French Indo-China, the Japanese Govern- 
ment even volunteered, as mentioned above, to carry out an 
immediate evacuation of troops from Southern French Indo- 
China as a measure of easing the situation. 

"It is presumed that the spirit of conciliation exhibited 
to the utmost degree by the Japanese Government in all 
these matters is fully appreciated by the American Govern- 
ment. 

"On the other hand, the American Government, always 
holding fast to theories in disregard of realities, and refus- 
ing to yield an inch on its impractical principles, caused 
undue delay in the negotiation. It is difficult to understand 
this attitude of the American Government and the Japanese 
Government desires to call the attention of the American 
Government especially to the following points : 

"1. The American Government advocates in the name of 
world peace those principles favorable to it and urges upon 
the Japanese Government the acceptance thereof. The 
peace of the world may be brought about only by discovering 
a mutually acceptable formula through recognition of the 
reality of the situation and mutual appreciation of one 



67 

another's position. An attitude such as ignores realities and 
impose one's selfish views upon others will scarcely 
serve the purpose of facilitating the consummation of 
negotiations. 

"Of the various principles put forward by the American 
Government as a basis of the Japanese-American Agree- 
ment, there are some which the Japanese Government is 
ready to accept in principle, but in view of the world's actual 
condition it seems only a Utopian ideal on the part of the 
American Government to attempt to force their immediate 
adoption. 

"Again, the proposal to conclude a multilateral non- 
aggression pact between Japan, United States, Great Brit- 
ain, China, the Soviet Union, the Netherlands and Thailand, 
which is patterned after the old concept of collective secur- 
ity, is far removed from the realities of East Asia. 

"2. The American proposal contained a stipulation which 
states — 'Both Governments will agree that no agreement, 
which either has concluded with any third power or powers, 
shall be interpreted by it in such a way as to conflict with 
the fundamental purpose of this agreement, the establish- 
ment and preservation of peace throughout the Pacific area.' 
It is presumed that the above provision has been proposed 
with a view to restrain Japan from fulfilling its obligations 
under the Tripartite Pact when the United States partici- 
pates in the war in Europe, and, as such, it cannot be 
accepted by the Japanese Government. 

"The American Government, obsessed with its own views 
and opinions, may be said to be scheming for the extension 
of the war. While it seeks, on the one hand, to secure its 
rear by stabilizing the Pacific Area, it is engaged, on the 
other hand, in aiding Great Britain and preparing to attack, 
in the name of self-defense, Germany and Italy, two Powers 
that are striving to establish a new order in Europe. Such 
a policy is totally at variance with the many principles upon 
which the American Government proposes to found the sta- 
bility of the Pacific Area through peaceful means. 

"3. Whereas the American Government, under the prin- 
ciples it rigidly upholds, objects to settle international issues 
through military pressure, it is exercising in conjunction 



68 

with Great Britain and other nations pressure by economic 
power. Recourse to such pressure as a means of dealing 
with international relations should be condemned as it is at 
times more inhumane than military pressure. 

"4. It is impossible not to reach the conclusion that the 
American Governmnt desires to maintain and strengthen, 
in coalition with Great Britain and other Powers, its domi- 
nant position it has hitherto occupied not only in China but 
in other areas of East Asia. It is a fact of history that 
the countries of East Asia for the past hundred years or 
more have been compelled to observe the status quo under the 
Anglo-American policy of imperialistic exploitation and to 
sacrifice themselves to the prosperity of the two nations. 
The Japanese Government cannot tolerate the perpetuation 
of such a situation since it directly runs counter to Japan's 
fundamental policy to enable all nations to enjoy each its 
proper place in the world. 

"The stipulation proposed by the American Government 
relative to French Indo-China is a good exemplification 
of the above-mentioned American policy. Thus the six 
countries, — Japan, the United States, Great Britain, the 
Netherlands, China, and Thailand, — excepting France, 
should undertake among themselves to respect the terri- 
torial integrity and sovereignty of French Indo-China and 
equality of treatment in trade and commerce would be tanta- 
mount to placing that territory under the joint guarantee 
of the Governments of those six countries. Apart from the 
fact that such a proposal totally ignores the position of 
France, it is unacceptable to the Japanese Government in 
that such an arrangement cannot but be considered as an 
extension to French Indo-China of a system similar to the 
Nine Power Treaty structure which is the chief factor 
responsible for the present predicament of East Asia. 

"5. All the items demanded of Japan by the American 
Government regarding China such as wholesale evacuation 
of troops or unconditional application of the principle of 
non-discrimination in international commerce ignored the 
actual conditions of China, and are calculated to destroy 
Japan's position as the stabilizing factor of East Asia. 
The attitude of the American Government in demanding 



69 

Japan not to support militarily, politically or economically 
any regime other than the regime at Chungking, disregard- 
ing thereby the existence of the Nanking Government, shat- 
ters the very basis of the present negotiation. This demand 
of the American Government falling, as it does, in line with 
its above-mentioned refusal to cease from aiding the Chung- 
king regime, demonstrates clearly the intention of the Amer- 
ican Government to obstruct the restoration of normal rela- 
tions between Japan and China and the return of peace to 
East Asia. 

u 6. In brief, the American proposal contains certain 
acceptable items such as those concerning commerce, includ- 
ing the conclusion of a trade agreement, mutual removal of 
the freezing restrictions, and stabilization of yen and dollar 
exchange, or the abolition of extra-territorial rights in 
China. On the other hand, however, the proposal in ques- 
tion ignores Japan's sacrifices in the four years of the China 
Affair, menaces the Empire's existence itself and disparages 
its honour and prestige. Therefore, viewed in its entirety, 
the Japanese Government regrets that it cannot accept the 
proposal as a basis of negotiation. 

"6. The Japanese Government, in its desire for an early 
conclusion of the negotiation, proposed simultaneously with 
the conclusion of the Japanese- American negotiation, agree- 
ments to be signed with Great Britain and other interested 
countries. The proposal was accepted by the American Gov- 
ernment. However, since the American Government has 
made the proposal of November 26th as a result of frequent 
consultation with Great Britain, Australia, the Netherlands 
and Chungking, and presumably by catering to the wishes 
of the Chungking regime in the questions of China, it must 
be concluded that all these countries are at one with the 
United States in ignoring Japan's position. 

"7. Obviously it is the intention of the American Govern- 
ment to conspire with Great Britain and other countries to 
obstruct Japan's efforts toward the establishment of peace 
through the creation of a new order in East Asia, and espe- 
cially to preserve Anglo-American rights and interests by 
keeping Japan and China at war. This intention has been 
revealed clearly during the course of the present negotiation. 



70 

Thus, the earnest hope of the Japanese Government to 
adjust Japanese-American relations and to preserve and 
promote the peace of the Pacific through cooperation with 
the American Government has finally been lost. 
.. "The Japanese Government regrets to have to notify 
hereby the American Government that in view of the atti- 
tude of the American Government it cannot but consider 
that it is impossible to reach an agreement through further 
negotiations. 

"December 7, 1941." 

XXI. MESSAGE OF THE PRESIDENT TO THE 
CONGRESS DECEMBER 8 

(Dept. of State Bulletin, Vol. V, No. 129, Dec. 13, 1941) 

To the Congress of the United States : 

Yesterday, December 7, 1941 — a date which will 
live in infamy — the United States of America was 
suddenly and deliberately attacked by naval and air 
forces of the Empire of Japan. 

The United States was at peace with that Nation 
and, at the solicitation of Japan, was still in con- 
versation with its Government and its Emperor 
looking toward the maintenance of peace in the 
Pacific. Indeed, one hour after Japanese air 
squadrons had commenced bombing in Oahu, the 
Japanese Ambassador to the United States and his 
colleague delivered to the Secretary of State a 
formal reply to a recent American message. While 
this reply stated that it seemed useless to continue 
the existing diplomatic negotiations, it contained 
no threat or hint of war or armed attack. 

It will be recorded that the distance of Hawaii 
from Japan makes it obvious that the attack was 
deliberately planned many days or even weeks ago. 
During the intervening time the Japanese Govern- 



71 

ment has deliberately sought to deceive the United 
States by false statements and expressions of hope 
for continued peace. 

The attack yesterday on the Hawaiian Islands 
has caused severe damage to American naval and 
military forces. Very many American lives have 
been lost. In addition American ships have been 
reported torpedoed on the high seas between San 
Francisco and Honolulu. 

Yesterday the Japanese Government also 
launched an attack against Malaya. 

Last night Japanese forces attacked Hong Kong. 

Last night Japanese forces attacked Guam. 

Last night Japanese forces attacked the Philip- 
pine Islands. 

Last night the Japanese attacked Wake Island. 

This morning the Japanese attacked Midway 
Island. 

Japan has, therefore, undertaken a surprise 
offensive extending throughout the Pacific area. 
The facts of yesterday speak for themselves. The 
people of the United States have already formed 
their opinions and well understand the implica- 
tions to the very life and safety of our Nation. 

As Commander-in-Chief of the Army and Navy 
1 have directed that all measures be taken for our 
defense. 

Always will we remember the character of the 
onslaught against us. 

No matter how long it may take us to overcome 
this premeditated invasion, the American people 
in their righteous might will win through to abso- 
lute victory. 

I believe I interpret the will of the Congress and 
of the people when I assert that we will not only 



72 

defend ourselves to the uttermost but will make 
very certain that this form of treachery shall never 
endanger us again. 

Hostilities exist. There is no blinking at the fact 
that our people, our territory, and our interests 
are in grave danger. 

With confidence in our armed forces — with the 
unbounded determination of our people — we will 
gain the inevitable triumph — so help us God. 

I ask that the Congress declare that since the 
unprovoked and dastardly attack by Japan oil 
Sunday, December seventh, a state of war has ex- 
isted between the United States and the Japanese 
Empire. 

Franklin D Boosevelt 

The White House, 
December 8, 1941. 

XXII. DECLARATION OF A STATE OF WAR 

WITH JAPAN 

(Dept. of State Bulletin, Vol. V, No. 129, Dec. 13, 1941) 

"Joint Resolution Declaring that a state of war exists 
between the Imperial Government of Japan and the 
Government and the people of the United States and 
making provisions to prosecute the same. 

"Whereas the Imperial Government of Japan has com- 
mitted unprovoked acts of war against the Government and 
the people of the United States of America : Therefore be it 

"Reselved by the Senate and House of Representatives 
of the United States of America in Congress assembled, 
That the state of war between the United States and the 
Imperial Government of Japan which has thus been thrust 
upon the United States is hereby formally declared; and 
the President is hereby authorized and directed to employ 



73 

the entire naval and military forces of the United States 
and the resources of the Government to carry on war against 
the Imperial Government of Japan ; and, to bring the con- 
flict to a successful termination, all of the resources of the 
country are hereby pledged by the Congress of the United 
States. 

"Approved, December 8, 1941, 4: 10 p. m., 1. S. T," 

XXIII. MESSAGE OF THE PRESIDENT TO THE 
CONGRESS DECEMBER 11 

(Dept. of State Bulletin, Vol. V, No. 129, Dec. 13, 1941) 

To the Congress of the United States : 

On the morning of December eleventh, the Gov- 
ernment of Germany, pursuing its course of world- 
conquest, declared war against the United States. 

The long known and the long expected has thus 
taken place. The forces endeavoring to enslave 
the entire world now are moving towards this 
hemisphere. 

Never before has there been a greater challenge 
to life, liberty, and civilization. 

Delay invites greater danger. Rapid and united 
effort by all of the peoples of the world who are 
determined to remain free will insure a world 
victory of the forces of justice and of righteousness 
over the forces of savagery and of barbarism. 

Italy also has declared war against the United 
States. 

I therefore request the Congress to recognize a 
state of war between the United States and Ger- 
many, and between the United States and Italy. 

Franklin D Roosevelt 
The White House, 
December 11, 1941. 



74 

XXIV. DECLARATIONS OF A STATE OF WAR 
WITH GERMANY AND ITALY 

(Dept. of State Bulletin, Vol. V, No. 129, Dec. 13, 1941) 

"Joint Resolution Declaring that a state of war exists 
between the Government of Germany and the Govern- 
ment and the people of the United States and making 
provision to prosecute the same. 

"WTiereas the Government of Germany has formally de- 
clared war against the Government and the people of the 
United States of America : Therefore be it 

"Resolved by the Senate and House of Representatives of 
the United States of America in Congress assembled, That 
the state of war between the United States and the Govern- 
ment of Germany which has thus been thrust upon the United 
States is hereby formally declared; and the President is 
hereby authorized and directed to employ the entire naval 
and military forces of the United States and the resources 
of the Government to carry on war against the Government 
of Germany ; and, to bring the conflict to a successful termi- 
nation, all of the resources of the country are hereby pledged 
by the Congress of the United States. 

"Approved, December 11, 1941, 3 : 05 p. m., E. S. T." 



"Joint Resolution Declaring that a state of war exists be- 
tween the Government of Italy and the Government 
and the people of the United States and making pro- 
vision to prosecute the same. 

"Whereas the Government of Italy has formally declared 
war against the Government and the people of the United 
States of America : Therefore be it 

"Resolved by the Senate and House of Representatives of 
the United States of America in Congress assembled, That 
the state of war between the United States and the Govern- 
ment of Italy which has thus been thrust upon the United 
States is hereby formally declared; and the President is 
hereby authorized and directed to employ the entire naval 



75 

and military forces of the United States and the resources 
of the Government to carry on war against the Government 
of Italy; and, to bring the conflict to a successful termina- 
tion, all of the resources of the country are hereby pledged 
by the Congress of the United States. 

"Approved^ December 11, 1941, 3:06 p. m., E. S. T." 

XXV. DECLARATIONS OF A STATE OF WAR 
BY THE AXIS COUNTRIES 

GERMAN DECLARATION 

(Dept. of State bulletin, Vol. V, No. 129, Dec. 13, 1941) 

The German Charge d 'Affaires, Dr. Hans Thorn- 
sen, and the First Secretary of the German Em- 
bassy, Mr. von Strempel, called at the State De- 
partment at 8 : 20 a. m. on December 11, 1941. The 
Secretary, otherwise engaged, directed that they 
be received by the Chief of the European Division 
of the State Department, Mr. Ray Atherton. Mr. 
Atherton received the German representatives at 
9:30 a.m. 

The German representatives handed to Mr. 
Atherton a copy of a note that is being delivered 
this morning, December 11, to the American 
Charge d' Affaires in Berlin. Dr. Thomsen said 
that Germany considers herself in a state of war 
with the United States. He asked that the appro- 
priate measures be taken for the departure of him- 
self, the members of the German Embassy, and 
staff in this country. He reminded Mr. Atherton 
that the German Government had previously ex- 
pressed its willingness to grant the same treatment 
to American press correspondents in Germany as 
that accorded the American official staff on a recip- 
rocal basis and added that he assumed that the de- 

492005—43 6 



76 

parture of other American citizens from Germany 
would be permitted on the same basis of German 
citizens desiring to leave this country. He referred 
to the exchange of civilians that had been arranged 
at the time Great Britain and Germany broke off 
diplomatic relations. 

The German Charge d 'Affaires then stated that 
the Swiss Government would take over German in- 
terests in this country and that Dr. Bruggmann had 
already received appropriate instructions from his 
Government. 

He then handed Mr. Atherton the note from the 
German Government. Mr. Atherton stated that in 
accepting this note from the German Charge 
d 'Affaires he was merely formalizing the realiza- 
tion that the Government and people of this country 
had faced since the outbreak of the war in 1939 of 
the threat and purposes of the German Government 
and the Nazi regime toward this hemisphere and 
our free American civilization. 

Mr. Atherton then said that this Government 
would arrange for the delivery of Dr. Thomsen's 
passports and that he assumed that we would very 
shortly be in communication with the Swiss Minis- 
ter. He added that Dr. Thomsen must realize, 
however, that the physical difficulties of the situa- 
tion would demand a certain amount of time in 
working out this reciprocal arrangement for the 
departure of the missions of the two countries. The 
German representatives then took their leave. 

The text of the note which the German repre- 
sentatives handed to Mr. Ray Atherton, Chief of 
the European Division of the State Department, 
at 9 : 30 a. m., December 11, the original of which 



77 

had been delivered the morning of December 11 to 
the American Charge d 'Affaires in Berlin, follows: 

"Mr. Charge d'affaires: 

"The Government of the United States having violated 
in the most flagrant manner and in ever increasing measure 
all rules of neutrality in favor of the adversaries of Ger- 
many and having continually been guilty of the most severe 
provocations toward Germany ever since the outbreak of the 
European war, provoked by the British declaration of war 
against Germany on September 3, 1939, has finally resorted 
to open military acts of aggression. 

"On September 11, 1941, the President of the United 
States publicly declared that he had ordered the American 
Navy and Air Force to shoot on sight at any German war 
vessel. In his speech of October 27, 1941, he once more 
expressly affirmed that this order was in force. Acting 
under this order, vessels of the American Navy, since early 
September 1941, have systematically attacked German naval 
forces. Thus, American destroyers, as for instance the 
Greer, the Kearney and the Reuben James, have opened fire 
on German submarines according to plan. The Secretary 
of the American Navy, Mr. Knox, himself confirmed that 
American destroyers attacked German submarines. 

"Furthermore, the naval forces of the United States, under 
order of their Government and contrary to international 
law have treated and seized German merchant vessels on 
the high seas as enemy ships. 

"The German Government therefore establishes the fol- 
lowing facts : 

"Although Germany on her part has strictly adhered to 
the rules of international law in her relations with the 
United States during every period of the present war, the 
Government of the United States from initial violations of 
neutrality has finally proceeded to open acts of war against 
Germany. The Government of the United States has there- 
by virtually created a state of war. 

"The German Government, consequently, discontinues 
diplomatic relations with the United States of America and 
declares that under these circumstances brought about by 



78 

President Eoosevelt Germany too, as from today, considers 
herself as being in a state of war with the United States 
of America. 

"Accept, Mr. Charge d'Affaires, the expression of my high 
consideration. 

BlBBENTROP" 

"December 11, 1941." 

ITALIAN DECLARATION 

The Italian Foreign Minister, Count Ciano, sent 
for the American Charge d'Affaires, Mr. George 
Wadsworth, at Rome at 2 : 30 the afternoon of De- 
cember 11, and when Mr. Wadsworth arrived at his 
office Count Ciano informed him that as of Decem- 
ber 11 , 1941 Italy considers itself at war with the 
United States. 

The Italian Ambassador, accompanied by Signor 
Conti, First Secretary of the Embassy, called on the 
morning of December 11 at Mr. Dunn's office at 
TO :30 to inform the Department that he was with- 
out instructions from his Government and to in- 
quire as to his status. When he was informed that 
the Italian Government had notified the American 
Charge d'Affaires in Rome December 11 that Italy 
considered itself at war with the United States the 
Ambassador asked that measures be taken to per- 
mit the staff of the Embassy to make their final 
arrangements for departure from the United 
States. He added that many Italian nationals in 
this country had requested that they be allowed to 
depart with the Italian diplomatic mission. He 
was informed that all arrangements for the depar- 
ture of the Italian mission from this country and 
the treatment of Italian nationals would be dealt 
with strictly on a reciprocal basis in accordance 
with the treatment given by the Italian Govern- 



79 

ment to the American diplomatic mission and 
American nationals in Italy. 

The Italian Ambassador was informed that we 
had long expected Germany to carry out its threat 
against this hemisphere and the United States and 
that we fully anticipated that Italy would obedi- 
ently follow along. 

HUNGARIAN DECLARATION 

The Hungarian Prime Minister at 8 p. m. the 
evening of December 11 informed the American 
Minister that in view of the solidarity of Central 
European states, which he compared with the soli- 
darity of the republics of the Western Hemisphere, 
Hungary was obliged to break diplomatic relations 
with the United States. He said that this was not 
with the intention of declaring war on this country. 

The Prime Minister observed that he would have 
to consult with Berlin concerning the means, time, 
and route of departure of the diplomatic mission. 

The American Minister in Budapest, Hungary, 
has informed the Department that the Hungarian 
Prime Minister informed him at 5 : 30 p. m., De- 
cember 13, that Hungary considers war to exist 
between Hungary and the United States. 

RUMANIAN DECLARATION 

The American Legation in Bucharest, Rumania, 
has informed the Department that the Secretary 
General of the Rumanian Foreign Office had de- 
livered a note to the Legation dated December 12, 
1941, a translation of which follows : 

"The Royal Rumanian Government has the honor to 
communicate to the Government of the United States of 
America that, in conformity with the dispositions of the 



80 

Tripartite Pact and respecting the obligations of solidarity- 
contained in this pact, as a result of the state of war which 
has arisen between the United States of America on the 
one hand, and the German Reich, Italy and Japan on the 
other, Rumania herself is in a state of war with the United 
States of America." 

BULGARIAN DECLARATION 

The American Minister in Sofia, Bulgaria, in- 
formed the Department on December 13, 1941 that 
the Bulgarian Government had just declared to 
Parliament that in accordance with article 3 of the 
Tripartite Pact Bulgaria is in a state of war with 
England and the United States. He added that he 
was expecting official notification from the Foreign 
Office momentarily. 

JAPANESE DECLARATION 

(New York Times, Dec. 9, 1941) 

We, by grace of Heaven, Emperor of Japan and 
seated on the throne of a line unbroken for ages 
eternal, enjoin upon thee, our loyal and brave sub- 
jects. We hereby declare war upon the United 
States of America and the British Empire. 

The men and officers of our army and navy shall 
do their utmost in prosecuting the war. Our pub- 
lic servants of various departments will perform 
faithfully and diligently their appointed duties. 
The entire nation with united will shall mobilize its 
total strength so that nothing will miscarry in the 
attainment of our royal aims. 

To insure the solidity of these ages and to con- 
tribute to world peace is the far-sighted policy 
which was formulated by our great, illustrious im- 
perial grandsire's and our great imperial sire's ex- 



81 

perience, and which we lay constantly to heart to 
cultivate friendship among nations and to enjoy 
prosperity in common with all nations. 

It has been truly unavoidable and far from our 
wishes that our Empire has now been brought to 
crossed swords with America and Britain. More 
than four years have passed since China, failing 
to comprehend the true intentions of our empire, 
and recklessly causing trouble, disturbed the peace 
of East Asia and compelled our Empire to take up 
arms. 

Although there has been reestablished the Na- 
tional Government of China, with which Japan 
has effected neighborly intercourse and coopera- 
tion, the regime that has survived at Chungking, 
relying upon American and British protection, 
continues its opposition. 

Eager for the realization of their ambitions to 
dominate the Orient, both America and Britain, by 
supporting the Chungking regime, have aggrevated 
disturbances in East Asia. Moreover, these two 
powers, inducing other countries to follow suit, in- 
creased military preparations on all sides of our 
Empire to challenge us. They have obstructed by 
every means our peaceful commerce and finally re- 
sorted to a direct severance of economic relatione 
menacing gravely the existence of our Empire. 

Patiently have we waited and long have we en- 
dured in the hope that our government might re- 
trieve the situation in peace, but our adversaries, 
showing not the least spirit of conciliation, have un- 
duly delayed a settlement and in the meantime they 
have intensified the economic and political pressure 
to compel our empire to submit. 



82 

This turn of affairs would, if left unchecked, 
not only nullify our empire's efforts to stabilize 
East Asia, but also endanger the very existence 
of our nation. 

The situation being such as it is, our empire, for 
its existence and self-defense, has no other recourse 
but to appeal to arms and to crush every obstacle in 
its path. 

We rely upon the loyalty and courage of our 
subjects in our confident expectation that the task 
bequeathed by our forefathers will be carried for- 
ward and that the sources of evil will be speedily 
eradicated and an enduring peace established in 
jEast Asia, preserving thereby the glory of our 
empire. 

XXVI. TURKISH DECLARATION OF 
NEUTRALITY 

(Dept. of State Bulletin, Vol. V, No. 129, Dec. 13, 1941) - 

The Department of State has received the follow- 
ing note from the Turkish Ambassador, Mr. M. M. 

Ertegun : 

"December 14, 1941. 
"Mr. Secretary of State: 

"I have the honor to inform Young Excellency that in a 
telegram dated Ankara, December 10, 1941, but received in 
Washington only this morning, I am directed by my Gov- 
ernment to notify the Government of the United States of 
America that the Government of the Kepublic has decided 
to extend the neutrality of Turkey to the new conflict which 
has just broken out. 

"Please accept, Mr. Secretary of State, the assurance of 
my highest consideration. 

M. M. Ertegun" 



83 

XXVII. DEFENSIVE SEA AREAS 

(Executive Order, Dec. 11, 1941) 

Establishing Defensive Sea Areas at Portland, 
Maine ; Portsmouth, New Hampshire ; Boston, 
Massachusetts ; Narragansett Bay ; San Diego, 
California ; San Francisco, California ; 
Columbia River Entrance, and Strait of Juan 
de puca and puget sound. 

By virtue of the authority vested in me by Sec- 
tion 44 of the Criminal Code, as amended (TL S. C, 
title 18, Sec. 96), the following described areas are 
hereby established for purposes of national defense 
as naval defensive sea areas, with names as indi- 
cated: 

1. PORTLAND, MAINE, DEFENSIVE SEA AREA 

All United States territorial waters of Casco 
Bay, Portland Harbor, Luckse Sound, Broad 
Sound and their tributaries from the contour of 
extreme high water on the shores of these waters 
as shown on the latest U. S. C. and G. S. charts, to : 

A line running from Dyer Point (Cape Eliza- 
beth) to West Cod Ledge Rock Buoy No. 2 in 
approximate position, latitude 40 degrees 34 min- 
utes 17 seconds north, longitude 70 degrees 07 min- 
utes 40 seconds west, thence to Bulwark Shoal 
Buoy, in approximate position latitude 43 degrees 
36 minutes 02 seconds north, longitude 70 degrees 
04 minutes 04 seconds west, thence to Halfway 
Rock Light, thence to the southernmost point on 
Little Birch Island, thence to Chegeag Point on 
Great Chegeag Island, thence to Blaney Point on 



84 

Cousin Island, thence to Drinkwater Point on the 
mainland ; and within Portland Harbor to : 

A line crossing Portland Harbor at the Portland 
Terminal Bridge. 

2. PORTSMOUTH, NEW HAMPSHIRE, DEFENSIVE SEA 

AREA 

All United States territorial waters of the At- 
lantic Ocean, Portsmouth, New Hampshire, and 
Kittery, Maine, harbors, the Piscataqua River and 
their tributaries from the contour line of extreme 
high water on the shores of these waters as shown 
on the latest U. S. C. and G. S. charts, to : 

A line running northwest and southeast across 
Pepperrel Cove through Nun buoy No. 4 of Sihing 
Island, in approximate position latitude 43 degrees 
04 minutes 40 seconds north, longitude 70 degrees 
42 minutes 18 seconds west; 

A line running southerly from Sisters Point on 
Gerrish Island to Nun Buoy No. 2 off West Sister 
Shoal in approximate position latitude 43 degrees 
03 minutes 36 seconds north, longitude 70 degrees 
40 minutes 11 seconds west, thence southwesterly 
to Bell Buoy No. 1 off Gunboat Shoal, in approxi- 
mate position latitude 43 degrees 01 minute 25 sec- 
onds north, longitude 70 degrees 41 minutes 51 
seconds west, thence westerly to Seal Rocks, thence 
northwest to the shore of the mainland; 

A line running from Frosts Point Light to 
Jaffrey Point Light on Newcastle Island; and 
within Portsmouth Harbor, to: 

A line crossing the Piscataqua River at and fol- 
lowing the Boston & Maine Railroad Bridge. 



85 

3. BOSTON, MASSACHUSETTS, DEFENSIVE SEA AREA 

All United States territorial waters of Massachu- 
setts Bay, Broad Sound, President Roads, Boston 
Harbor; the Mystic, Chelsea and Charles Rivers, 
Quincy Bay, Weymouth, Pore River, Nantasket 
Roads, Hingham Bay and their tributaries, bays 
and streams from the contour line of extreme high 
water on the shores of these waters as shown on the 
latest U. S. C. and G. S. charts, to : 

A line connecting Strawberry Point (Cohasset) 
and East Point, Nahant ; 

A line connecting Bass Point, Nahant, and Grov- 
ers Cliff, Winthrop Highlands; and within Boston 
Harbor, to : 

A line across the Mystic River at and following 
the downstream Boston & Maine Railroad bridge ; 
and 

A line across the Charles River at and following 
the Charlestown bridge. 

4. NARRAGANSETT BAY DEFENSIVE SEA AREA 

All United States territorial waters of Narragan- 
sett Bay, the Sakonnet River, Providence Harbor, 
and their tributaries from the contour line of ex- 
treme high water on the shores of these waters as 
shown on the latest U. S. C. and G. S. chart, to : 

A line running from the shore north of Point 
Judith on true bearing east to Little League Rock, 
thence northeasterly to Bell Buoy "E" in approxi- 
mate position, latitude 41 degrees 24 minutes 23 
seconds north, longitude 71 degrees 21 minutes 24 
seconds west, thence to Bell Buoy No. 2 off Schuyler 
Ledge, in approximate position latitude 41 degrees 
26 minutes 24 seconds north, longitude 71 degrees 



86 

11 minutes 39 seconds west, thence to the southern- 
most land of Sakonnet Point; and within Narra- 
gansett Bay and its tributaries to : 

A line across the Taunton River at and following 
the New York, New Haven and Hartford Railroad 
Bridge ; and 

A line across the Seekonk River at and following 
the Red Bridge. 

5. SAN DIEGO, CALIF., DEFENSIVE SEA AREA 

AH United States territorial waters of the Pacific 
Ocean, San Diego Bay and their tributaries from 
the contour line of extreme high water on the shores 
of these waters, as shown on the latest U. S. C. and 
G. S. charts, to : 

A line running from Point Loma Lighthouse 
southerly to lighted Whistle Buoy "1A," in ap- 
proximate position latitude 32 degrees 37 minutes 
19 seconds north, longitude 117 degrees 14 minutes 
42 seconds west, thence northeasterly to torpedo 
range Buoy "O" in approximate position latitude 
32 degrees 38 minutes 06 seconds north, longitude 
117 degrees 12 minutes 07 seconds west, thence 
easterly to target No. 1 on shore, in approximate 
position latitude 32 degrees 37 minutes 20 seconds 
north, longitude 117 degrees 08 minutes 04 seconds 
west ; and, within San Diego Bay, all the waters to 
the north of : 

A line following the parallel of latitude 32 de- 
grees 40 minutes north, from shore to shore. 

6. San Francisco, Calif., Defensive Sea Area 

All United States territorial waters of the Gulf 
of the Farallones, San Francisco Bay, San Pablo 



87 

Bay, the Napa River, Carquinez Strait, Oakland 
Harbor, San Leandro Bay and their tributaries 
from the contour line of extreme high water on the 
shores of these waters, as shown on the latest 
U. S. C. and G. S. charts, to : 

A line running north to the shore from Whistle 
Buoy '"1DR" (Duxbury Reef) in approximate 
position, latitude 27 degrees 51 minutes 36 seconds 
north, longitude 122 degrees 41 minutes 38 seconds 
west; 

A line running southerly from Whistle Buoy 
"1DR" along the seaward limit of United States 
territorial waters to the parallel of latitude 37 
degrees 40 minutes north, thence east along that 
parallel of latitude to the shore, and within San 
Francisco Bay and its tributaries to : 

A line across the south part of San Francisco 
Bay at and following the San Mateo bridge ; 

A line across Carquinez Straits at and following 
the Southern Pacific Railroad bridge ; 

A line across the Napa River at and following 
the Vallejo-Mare Island Causeway. 

7. Columbia River Entrance Defensive Sea Area 

All United States territorial waters of the Pa- 
cific Ocean and the Columbia River and their tribu- 
taries from the contour line of extreme high water 
on the shores of these waters as shown on the latest 
XL S. C. and G. S. charts to: 

A line running from North Head, Washington, 
west to the boundary, of United States territorial 
waters, thence southerly along the boundary! of 
United States territorial waters to the vicinity of 
Bell Buoy No. 1, in approximate position latitude 
46 degrees 14 minutes 21 seconds north, longitude 



88 

124 degrees 09 minutes 38 seconds west, thence 
southeasterly along the seaward boundary of 
United States territorial waters to the parallel of 
latitude 46 degrees 10 minutes north, and along this 
parallel of latitude to the shore; and within the 
Columbia River to : 

A line across the Columbia River from Harring- 
ton Point, Washington, to Settler Point, Oregon: 

A north and south line across Youngs River from 
shore to shore at the westernmost point of Daggett 
Point ; 

A line across the Lewis and Clark River at and 
following the Oregon Coast Highway Bridge. 

8. STRAIT OF JUAN DE FUCA AND PUGET SOUND 

DEFENSIVE SEA AREA 

All United States territorial waters of the Pacific 
Ocean, the Strait of Juan de Fuca, Admiralty Inlet, 
Saratoga Passage, Possession Sound, Hood Canal, 
Puget Sound, and their tributaries from the con- 
tour line of extreme high water on the shores of 
these waters, as shown on the latest U. S. C. and 
G. S. charts to : 

A line running north from Tatoosh Island to the 
international boundary, thence easterly along the 
international boundary line to the easternmost 
point of that line in the vicinity of Middle Bank, 
thence to Iceberg Point on Lopez Island, thence 
easterly to the shore of Whidbey Island at Decep- 
tion Pass ; 

A line running north from Point Demock on 
Camano Island to the shore of Whidbey Island; 
and 

A line running east from Camano Island to the 
shore of the mainland. 



89 

VESSELS BAERED AT NIGHT 

A vessel not proceeding under United States 
naval or other United States authorized supervi- 
sion shall not enter or navigate the waters of any 
of the defensive sea areas established hereby except 
during daylight, when good visibility conditions 
prevail, and then only after specific permission has 
been obtained. Advance arrangements for entry 
into or navigation through or within any of the 
said defensive sea areas must be made, preferably 
by application at the appropriate United States 
Naval District Headquarters, in advance of sailing, 
or by radio or visual communication on approach- 
ing the seaward limits of the area. 

If radio telegraph is used, the call "NQO" shall 
be made on a frequency of 500 kcs. and permission 
to enter the port shall be requested. The name of 
the vessel, purpose of entry, and name of the master 
must be given in the request. If visual communi- 
cations are used, the procedure will be essentially 
the same. 

A vessel entering or navigating the waters of any 
of the said defensive sea areas does so at its own 
risk. 

Even though permission has been obtained, it is 
incumbent upon a vessel entering any one of the 
said defensive sea areas to obey any further instruc- 
tions received from the United States Navy or other 
United States authority. 

SUBJECT TO SUPERVISION 

A vessel may expect supervision of its movements 
within any of the said defensive sea areas, either 
through surface craft or aircraft. Such control- 



90 

ling surface craft and aircraft shall be identified 
by a prominent display of the union jack. 

These regulations are subject to amplification by 
the local United States naval authority as neces- 
sary to meet local circumstances and conditions. 

When a United States maritime control area 
is established adjacent to or abutting upon any of 
the said described defensive sea areas, it shall be 
assumed that permission to enter, and other in- 
structions issued by proper authority, shall apply 
to any one continuous passage through or within 
both areas. 

Any master of a vessel or other person within 
any of the said defensive sea areas, who shall dis- 
regard these regulations, or shall fail to obey an 
order of United States naval authority to stop or 
heave to, or shall perform any act threatening the 
efficiency of mine or other defenses or the safety of 
navigation, or shall taken any action inimical to the 
interests of the United States, may be detained 
therein by force of arms and renders himself liable 
to attack by the armed forces of the United States, 
and liable to prosecution as provided in Section 44 
of the Criminal Code, as amended (U. S. C. Title 
18, Sec. 96). 

All United States authorities shall place at the 
disposal of the Naval authorities their facilities for 
aiding in the enforcement of these regulations. 

Franklin D. Roosevelt. 

The White House, 

Dec. 11, 1941. 



XXVIII. ARGENTINE NON-BELLIGERENCY 
(Dept. of State Bulletin, Vol. V, No. 130, Dec. 20, 1941) 

The American Ambassador at Buenos Aires, 
Argentina, reported on December 13, 1941 the 
issuance on that date by the Argentine Govern- 
ment of a decree declaring that the United States 
is not considered as a belligerent by Argentina 
in the state of war existing between the United 
States and Germany and Italy. The decree stated: 

"In view of the communications received from the 
Embassies of the United States of America, Germany and 
Italy regarding the state of war existing among these nations, 
considering the terms of the decree issued by this govern- 
ment by a general ministerial resolution of the 9th instant 
in view of the war into which that American country has 
been drawn as a result of the aggression carried out against 
it and in accordance with the declarations and agreements 
applicable to the case under the terms of which the Argentine 
position is defined within principles of continental unity, 
the Vice President of the Argentine Nation exercising 
executive power decrees — Article 1 : The position established 
by decree on the 9th instant is hereby extended to the state 
of war existing between the United States of America and 
Germany and Italy in so far as it declares that the Eepublic 
does not consider the United States of America in the situ- 
ation of a belligerent country and there are hereby applied 
to Germany and Italy the provisions of the decree of neu- 
trality issued through a ministerial resolution on September 
4th/ 1939." ' 

XXIX. DECLARATIONS OF WAR 

(Dept. of State Bulletin, Vol. V, No. 130, Dec, 20, 1941 and Vol VI, 

No. 137, Feb. 7, 1942) 



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113 

XXX. JOINT DECLARATION BY UNITED 

NATIONS, JAN. 1 ? 1942 

(Dept of State Bulletin, Vol. VI, No. 132, Jan. 3, 1942) 

Declabation by United Nations : 

A Joint Declaration by The United States of 
America, The United Kingdom of Great Britain 
and Northern Ireland, The Union of Soviet So- 
cialist Republics, China, Australia, Belgium, 
Canada, Costa Rica, Cuba, Czechoslovakia, Do- 
minican Republic, El Salvador, Greece, Guate- 
mala, Haiti, Honduras, India, Luxembourg, 
Netherlands, New Zealand, Nicaragua, Norway, 
Panama, Poland, South Africa, Yugoslavia. 

The Governments signatory hereto, 

Having subscribed to a common program of pur- 
poses and principles embodied in the Joint Decla- 
ration of the President of the United States of 
America and the Prime Minister of the United 
Kingdom of Great Britain and Northern Ireland 
dated August 14, 1941, known as the Atlantic 
Charter, 

Being convinced that complete victory over their 
enemies is essential to defend life, liberty, inde- 
pendence and religious freedom, and to preserve 
human rights and justice in their own lands as well 
as in other lands, and that they are now engaged 
in a common struggle against savage and brutal 
forces seeking to subjugate the world, Declare: 

(1) Each Government pledges itself to employ 
its full resources, military or economic, against 
those members of the Tripartite Pact and its ad- 
herents with which such government is at war. 



114 

(2) Each Government pledges itself to cooperate 
with the Governments signatory hereto and not to 
make a separate armistice or peace with the 
enemies. 

The foregoing declaration may be adhered to by 
other nations which are, or which may be, rende^ 
ing material assistance and contributions in the 
struggle for victory over Hitlerism. 

Done at Washington, 
January First, 1942. 

XXXI. SUPREME COMMANDS IN THE SOUTH- 
WEST PACIFIC AREA 

(Dept of State Bulletin, Vol. VI, No. 132, Jan. 3, 1942) 

1. As a result of proposals put forward by the 
United States and British Chiefs of Staff, and of 
their recommendations to President Roosevelt 
and to the Prime Minister, Mr. Churchill, it is 
announced that, with the concurrence of the 
Netherlands Government and of the Dominion 
Governments concerned, a system of unified com- 
mand will be established in the southwest Pacific 
area. 

2. All the forces in this area — sea, land, and air — 
will operate under one Supreme Commander. At 
the suggestion of the President, in which all con- 
cerned have agreed, General Sir A. Wavell has 
been appointed to this command. 

3. Major General George H. Brett, Chief of the 
Air Corps of the U. S. Army, will be appointed 
Deputy Supreme Commander. He is now in the 
Far East. Under the direction of General Wavell, 
Admiral Thomas C. Hart, U. S. Navy, will assume 
command of all naval forces in the area. General 



115 

Sir Henry Pownall will be Chief of Staff to Gen- 
eral Wavell. 

4. General Wavell will assume his command in 
the near future. 

5. At the same time, His Excellency Generalis- 
simo Chiang Kai-shek has accepted the Supreme 
Command over all land and air forces of the United 
Nations which are now or may in the future be 
operating in the Chinese theater, including initially 
such portions of Indo-china and Thailand as may 
become available to troops of the United Nations. 
United States and British representatives will 
serve on his joint headquarters planning staff. 

XXXII. COMBINED BRITISH - AMERICAN RAW 
MATERIALS, MUNITIONS, AND SHIPPING 



(Dept. of State Bulletin, Vol. VI, No. 136, Jan. 31, 1942) 

To further coordination of the United Nations 
war effort, the President and Prime Minister 
Churchill have set up three boards to deal with 
munition assignments, shipping adjustment, and 
raw materials. The functions of these boards are 
outlined in the following statements. 
. Members of the boards will confer with rep- 
resentatives of the Union of Soviet Socialist Repub- 
lics, China, and such other of the United Nations 
as are necessary to attain common purposes and 
provide for the most effective utilization of the 
joint resources of the United Nations. 

Combined Raw Materials Board 

A planned and expeditious utilization of the raw 
material resources of the United Nations is neces- 



116 

sary in the prosecution of the war* To obtain such 
a utilization of our raw material resources in the 
most efficient and speediest possible manner, we 
hereby create the "Combined Raw Materials 
Board". 

This Board will : 

(a) Be composed of a representative of the 
British Government and a representative of 
the United States Government. The British 
member will represent and act under the in- 
structon of the Minister of Supply. The 
Board shall have power to appoint the staff 
necessary to carry out its responsibilities. 

(b) Plan the best and speediest develop- 
ment, expansion and use of the raw material 
resources, under the jurisdiction or control of 
the two Governments, and make the recom- 
mendations necessary to execute such plans. 
Such recommendations shall be carried out by 
all parts of the respective Governments. 

(c) In collaboration with others of the 
United Nations work toward the best utiliza- 
tion of their raw material resources, and, in 
collaboration with the interested nation or na- 
tions, formulate plans and recommendations 
for the development, expansion, purchase, or 
other effective use of their raw materials. 

Munitions Assignments Boakd 

1. The entire munition resources of Great Brit- 
ain and the United States will be deemed to be in 
a common pool, about which the fullest informa- 
tion will be interchanged. 



Jls7 

2. Committees will be formed in Washington and 
London under I the Combined Chiefs of Staff in a 
manner similar to the South- West Pacific Agree- 
ment. These Committees will advise on all as- 
signments both in quantity and priority, whether 
to Great Britain and the United States or other of 
the United Nations in accordance with strategic 
needs. 

3. In order that these Committees may be fully 
apprised of the policy of their respective Govern- 
ments, the President will nominate a civil Chair- 
man who will preside over the Committee in Wash- 
ington, and the Prime Minister of Great Britain 
will make, a similar nomination in respect of the 
Committee in London. In each case the Commit- 
tee will be assisted by a Secretariat capable of sur- 
veying every branch and keeping in touch with the 
work of every subcommittee as may be necessary. 

4. The Civilian Chairmen in Washington and 
London may invite representatives of the State 
Department, the Foreign Office or production min- 
istries or agencies to attend meetings. 

Combined Shipping Adjustment Board 

1. In principle, the shipping resources of the 
two countries will be deemed to be pooled. The 
fullest information will be interchanged. 

2. Owing to the military and physical facts of 
the situation around the British Isles, the entire 
movement of shipping now under the control of 
Great Britain will continue to be directed by the 
Ministry of War Transport. 

3. Similarly, the appropriate Authority in the 
United States will continue to direct the movement 



118 

and allocations of United States shipping, or ship- 
ping of other Powers under United States control. 

4. In order to adjust and concert in one har- 
monious policy the work of the British Ministry 
of War Transport and the shipping authorities 
of the United States Government, there wil Ibe 
established forthwith in Washington a combined 
shipping adjustment board, consisting of a rep- 
resentative of the United States and a representa- 
tive of the British Government, who will represent 
and act under the instructions of the British Min- 
ister of War Transport. 

5. A similar adjustment board will be set up in 
London consisting of the Minister of War Trans- 
port and a representative of the United States Gov- 
ernment. 

6. In both cases the executive power will be exer- 
cised solely by the appropriate shipping agency in 
Washington and by the Minister of War Trans- 
port in London. 

XXXIII. THIRD MEETING OF AMERICAN MINIS- 
TERS OF FOREIGN AFFAIRS 

(Dept. of State Bulletin, Vol. VI, No. 137, Feb. 7, 1942) 

As a result of its deliberations the Third Meeting 
of Ministers of Foreign Affairs of the American 
Republics approved the following conclusions : 

I. Breaking of Diplomatic Relations 

I. The American Republics reaffirm their decla- 
ration to consider any act of aggression on the part 
of a non- American State against one of them as an 
act of aggression against all of them, constituting 



as it does an immediate threat to the liberty and 
independence of America. 

II. The American Republics reaffirm their com- 
plete solidarity and their determination to cooper- 
ate jointly for their mutual protection until the 
effects of the present aggression against the Conti- 
nent have disappeared. 

III. The American Republics, in accordance with 
the procedures established by their own laws and 
in conformity with the position and circumstances 
obtaining in each country in the existing conti- 
nental conflict, recommend the breaking of their 
diplomatic relations with Japan, Germany and 
Italy, since the first-mentioned State attacked and 
the other two declared war on an American country. 

IV. Finally, the American Republics declare 
that, prior to the reestablishment of the relations 
referred to in the preceding paragraph, they will 
consult among themselves in order that their 
action may have a solidary character, 

XXXIV, COMBINED STAFF CHIEFS PLAN 
(War Dept. press release, Feb. 6, 1942) 

The " combined chiefs of staff group' ' has been 
established by the United States and Great Britain 
to insure complete coordination of the war effort 
of these two nations, including the production and 
distribution of their war supplies, and to provide 
for full British and American collaboration with 
the United Nations now associated in prosecution 
of the war against the Axis powers. The com- 
bined chiefs of staff as representatives of the 
United States and British, military and naval 



120 

effort, have two principal subdivisions 1 — One is of 
the United States chiefs of staff, the other the 
British chiefs of staff. 

United States membership of the combined chiefs: 
of staff consists of : 

Admiral Harold R. Stark, chief of naval opera- 
tions. 

General George C. Marshall, chief of staff, 
United States Army. 

Admiral E. J. King, commander in chief , United 
States Fleet. 

Lieut. Gen. H. H. Arnold, chief of Army air 
forces. 

The British chiefs of staff are represented in 
Washington by : 

Field Marshal Sir John Dill (until recently chief 
of staff of the Imperial general staff) . 

Admiral Sir Charles Little* 

Lieut. Gen. Sir Colville Wemyss. 

Air Marshal A. T. Harris. . 

They are in constant communication with Ad- 
miral Sir Dudley Pound, General Sir Alan Brooke, 
and Air Chief Marshal Sir Charles Portal, the 
British chiefs of staff in London. 

SECRETARIES NAMED FOR GROUP 

Brig. Gen. W. B. Smith, formerly secretary' of 
the War Department general staff, has been desig- 
nated as United States secretary of the combined 
chiefs of staff and jalso as secretary for the joint 
board, and for many other boards and agencies 
established by the United States War. and Navy 
Departments to insure coordination and unity in 
major strategical direction and military operations. 



121 

General Smith's staff of assistants? initially about 
eight officers, will be selected from officers of the 
United States Army and United States Navy. 

The British secretary of the combined chiefs of 
staff will be Brigadier V. Dykes, who served for 
some years as the secretary of the Committee of 
Imperial Defense and War Cabinet in London. 
He will be assisted by officers of the British Navy, 
Army, and Royal Air Force. 

VWhile the action of the combined chiefs of staff 
on broad strategical questions will be in the form 
of joint recommendations to the heads of their re- 
spective governments, in minor and immediate mat- 
ters relating to current operations they are pre- 
pared to take action without delay. The setup 
therefore amounts to a combined command post for 
the conduct of all joint operations of the two gov- 
ernments in the war. It will be the control agency 
for planning and coordinating. 

LIAISON FOR UNITED NATIONS 

In addition, it will provide a medium for adjust- 
ing such joint operations as involve other govern- 
ments of the United Nations, such as China, the 
Netherlands East Indies, Australia and New Zea- 
land at the present moment. The representatives 
of these governments will participate with the com- 
bined Chiefs of Staff in the consideration of matters 
concerning their national interests. 

The organization described is being established 
in the Public Health Building on Constitution Ave- 
nue, directly opposite the War Department. 

In addition, a most important factor in this set- 
up will be the Munitions Assignments Board, of 



122 

which Mr. Harry Hopkins is the chairman and 
Major Gen. James H. Burns, the executive, and 
which has its counterpart in London, both with 
British and United States membership. These pro- 
posals of these committees will be submitted to the 
combined Chiefs of Staff for their recommenda- 
tion to the heads of their governments. 

Mr. Hopkins's committee will also be established 
in the Public Health Building. In the same build- 
ing will be representatives of the central agency 
to allocate shipping and of the agency to allocate 
raw material. Officers of other governments of the 
United Nations will be established in the same 
building. 

XXXV. COORDINATION OF BRITISH AND AMER- 
ICAN ECONOMIC WARFARE PROCEDURES 

(Dept. of State Bulletin, Vol. VI, No. 138, Feb. 14, 1&42) 

Arrangements have been made between the Gov- 
ernments of the United States and the United 
Kingdom for the coordination and simplification 
of their respective economic warfare procedures. 

Heretofore it has been necessary for exporters 
sending goods from the United States to certain 
countries in Europe, Africa, and the Near East, 
or to their colonial possessions, to obtain two docu- 
ments — an American export license and a British 
navicert. On April 1, 1942 a new arrangement will 
come into effect under which only one document, 
the American export license, need be obtained. 
British consuls in the United States will not issue 
navicerts for exports to be shipped from this coun- 
try after April 1. 



123 

Export licenses issued by the Board of Economic 
Warfare before March 1 will be invalid after April 
10, whether shipment is by freight, parcel post, or 
mail, to the following destinations: French West 
Africa, French North Africa, Iran, Iraq, Eire, 
Liberia, Madagascar, Portugal, Portuguese Atlan- 
tic islands, Portuguese Guinea, Reunion, Spain, 
Syria, Spanish Atlantic islands, Spanish Morocco 
and Tangier, Sweden, Switzerland, and Turkey. 

Applications for export licenses for goods to be 
exported to these destinations after April 1 will 
be received by the Board of Economic Warfare on 
and after March 1. Under the new procedure ex- 
port licenses for these destinations will be issued 
on a quarterly basis. Detailed regulations are be- 
ing issued by the Board of Economic Warfare to 
which all inquiries should be addressed. 

Beginning April 1 certificates fulfilling the pur- 
pose now fulfilled by ship navicerts will be issued 
by United States collectors of customs to vessels 
leaving United States ports. Issuance of ship navi- 
certs by British consular officers will accordingly 
be discontinued as of that date. 

XXXVI. U. S. ASSISTANCE IN DEFENSE OF 
CURASAO AND ARUBA 

( Dept. of State Bulletin, Vol. VI, No. 138, Feb. 14, 1942) 

The United States Government at the request 
of the Netherlands Government has sent a contin- 
gent of the United States Army to Curasao and 
Aruba to assist the Butch armed forces in the 
defense of these islands and the oil refineries 
thereon, which are vital to the war effort of 

492005—43 9 



124 

the United Nations and to the defense of the 
Western Hemisphere. 

The United States forces will operate under the 
general supervision of the Governor of Curasao 
and will be withdrawn upon the termination of the 
emergency. 

It is understood furthermore that the Vene- 
zuelan and the Netherlands Governments have 
reached an agreement whereby the former will 
cooperate in this defense measure in a manner 
similar to that agreed upon between the Govern- 
ments of Brazil and the Netherlands in the case of 
Surinam. 

The Government of Venezuela has indicated 
its whole-hearted approval of these emergency 
measures. 

The governments of the American republics are 
being notified of the foregoing arangements, which 
have been reached in the interests of all. 

XXXVII. MASTER LEND-LEASE AGREEMENT 
WITH BRITAIN 

Agreement Between the United States of America and 
Great Britain on the Principles Applying to Mutual 
Aid in the Prosecution of War Against Aggression 

(Dept. of State Bulletin, Vol. VI, No. 140, Feb. 28, 1942) 

Whereas the Governments of the United States of America 
and the United Kingdom of Great Britain and Northern 
Ireland declare that they are engaged in a cooperative un- 
dertaking, together with every other nation or people of like 
mind, to the end of laying the bases of a just and enduring 
world peace securing order under law to themselves and all 
nations ; 

And whereas the President of the United States of 
America has determined, pursuant to the Act of Congress 
of March 11, 1941, that the defense of the United Kingdom 



125 

against aggression is vital to the defense of the United States 
of America; 

And whereas the United States of America has extended 
and is continuing to extend to the United Kingdom aid in 
resisting aggression ; 

And whereas it is expedient that the final determination 
of the terms and conditions upon which the Government of 
the United Kingdom receives such aid and of the benefits 
to be received by the United States of America in return 
therefor should be deferred until the extent of the defense 
aid is known and until the progress of events makes clearer 
the final terms and conditions and benefits which will be in 
the mutual interests of the United States of America and 
the United Kingdom and will promote the establishment 
and maintenance of world peace; 

And whereas the Governments of the United States of 
America and the United Kingdom are mutually desirous of 
concluding now a preliminary agreement in regard to the 
provision of defense aid and in regard to certain considera- 
tions which shall be taken into account in determining such 
terms and conditions and the making of such an agreement 
has been in all respects duly authorized, and all acts, condi- 
tions and formalities which it may have been necessary to 
perform, fulfil or execute prior to the making of such an 
agreement in conformity with the laws either of the United 
States of America or of the United Kingdom have been per- 
formed, fulfilled or executed as required; 

The undersigned, being duly authorized by their respec- 
tive Governments for that purpose, have agreed as follows: 

Article I 

The Government of the United States of America will 
continue to supply the Government of the United Kingdom 
with such defense articles, defense services, and defense in- 
formation as the President shall authorize to be transferred 
or provided. 

Article II 

The Government of the United Kingdom will continue 
to contribute to the defense of the United States of America 



126 

and the strengthening thereof and will provide such articles, 
services, facilities or information as it may be in a position 
to supply. 

Article III 

The Government of the United Kingdom will not with- 
out the consent of the President of the United States of 
America transfer title to, or possession of, any defense ar- 
ticle or defense information transferred to it under the Act 
or permit the use thereof by anyone not an officer, employee, 
or agent' of the Government of the United Kingdom. 

Article IV 

If, as a result of the transfer to the Government of the 
United Kingdom of any defense article or defense informa- 
tion, it becomes necessary for that Government to take any 
action or make any payment in order fully to protect any 
of the rights of a citizen of the United States of America 
who has patent rights in and to any such defense article or 
information, the Government of the Uinted Kingdom will 
take such action or make such payment when requested to 
do so by the President of the United States of America. 

Article V 

The Government of the United Kingdom will return to 
the United States of America at the end of the present 
emergency, as determined by the President, such defense 
articles transferred under this Agreement as shall not have 
been destroyed, lost or consumed and as shall be determined 
by the President to be useful in the defense of the United 
States of America or of the Western Hemisphere or to be 
otherwise of use to the United States of America. 

Article VI 

In the final determination of the benefits to be provided 
to the United States of America by the Government of the 
United Kingdom full cognizance shall be taken of all prop- 
erty, services, information, facilities, or other benefits or 
considerations provided by the Government of the United 



127 

Kingdom subsequent to March 11, 1941, and accepted or 
acknowledged by the President on behalf of the United 
States of America. 

Article VII 

In the final determination of the benefits to be provided 
to the United States of America by the Government of the 
United Kingdom in return for aid furnished under the Act 
of Congress of March 11, 1911, the terms and conditions 
thereof shall be such as not to burden commerce between 
the two countries, but to promote mutually advantageous 
economic relations between them and the betterment of 
world-wide economic relations. To that end, they shall in- 
clude provision for agreed action by the United States of 
America and the United Kingdom, open to participation by 
all other countries of like mind, directed to the expansion, 
by appropriate international and domestic measures, of pro- 
duction, employment, and the exchange and consumption of 
goods, which are the material foundations of the liberty and 
welfare of all peoples; to the elimination of all forms of 
discriminatory treatment in international commerce, and to 
the reduction of tariffs and other trade barriers; and, in 
general, to the attainment of all the economic objectives set 
forth in the Joint Declaration made on August 12, 1941, by 
the President of the United States of America and the 
Prime Minister of the United Kingdom. 

At an early convenient date, conversations shall be begun 
between the two Governments with a view to determining, 
in the light of governing economic conditions, the best 
means of attaining the above-stated objectives by their own 
agreed action and of seeking the agreed action of other 
like-minded Governments. 

Article VIII 

This agreement shall take effect as from this day's date. 
It shall continue in force until a date to be agreed upon by 
the two Governments. 

Signed and sealed at Washington in duplicate this 23rd 
day of February, 1942. 



128 

XXXVIII. FRENCH ISLAND POSSESSIONS IN THE 

PACIFIC 

(Dept. of State Bulletin, Vol. VI, No. 141, March 7, 1942) 

The text of a statement made by the American 
Vice Consul at Noumea to the High Commissioner 
of New Caledonia and made public by the latter on 
February 28, 1942 follows : 

"The policy of the Government of the United States as 
regards France and French territory has been based upon 
the maintenance of the integrity of France and, of the 
French Empire and of the eventual restoration of the com- 
plete independence of all French territories. Mindful of 
its traditional friendship for France, this Government 
deeply sympathizes not only with the desire of the French 
people to maintain their territories intact but with the 
efforts of the French people to continue to resist the forces 
of aggression. In its relations with the local French au- 
thorities in French territories the United States has been 
and will continue to be governed by the manifest effective- 
ness with which those authorities endeavor to protect their 
territories from domination and control by the common 
enemy. 

"With the French authorities in effective control of 
French territories in the Pacific this Government has treated 
and will continue to treat on the basis of their actual admin- 
istration of the territories involved. This Government 
recognizes, in particular, that French island possessions in 
that area are under the effective control of the French 
National Committee established in London and the United 
States authorities are cooperating for the defense of these 
islands with the authorities established by the French 
National Committee and with no other French authority. 
This Government appreciates the importance of New Cale- 
donia in the defense of the Pacific area." 



129 

XXXIX. ANGLO-AMERICAN CARIBBEAN 



(Dept. of State Bulletin, Vol. VI, No. 142, March 14, 1942) 

The following joint communique was released 
simultaneously in London and in Washington: 

"For the purpose of encouraging and strengthening social 
and economic cooperation between the United States of 
America and its possessions and bases in the area known 
geographically and politically as the Caribbean, and the 
United Kingdom and the British colonies in the same area, 
and to avoid unnecessary duplication of research in these 
fields, a commission, to be known as the Anglo-American 
Caribbean Commission, has been jointly created by the two 
Governments. The Commission will consist of six mem- 
bers, three from each country, to be appointed respectively 
by the President of the United States and His Majesty's 
Government in the United Kingdom — who will designate 
one member from each country as a co-chairman. 

"Members of the Commission will concern themselves 
primarily with matters pertaining to labor, agriculture, 
housing, health, education, social welfare, finance, economics, 
and related subjects in the territories under the British and 
United States flags within this territory, and on these mat- 
ters will advise their respective Governments. 

"The Anglo-American Caribbean Commission in its 
studies and in the formulation of its recommendations will 
necessarily bear in mind the desirability of close coopera- 
tion in social and economic matters between all regions 
adjacent to the Caribbean. 



130 

"The following appointments of co-chairmen have been 
made: 
''''For Great Britain: 

"Sir Frank Stockdale 
"For the United States : 

"Charles W. Taussig 

"The remaining members of the Commission will be 
named later by the Governments concerned." 

In addition to naming Mr. Charles W. Taussig, 
of New York, as co-chairman for the United States 
of the Anglo-American Caribbean Commission, the 
President has selected as the other two American 
members of the Commission the Honorable Rex- 
ford G. Tugwell, Governor of Puerto Rico, and Mr. 
Coert du Bois, Chief of the Caribbean Office of the 
Department of State. 

He has also named as a Caribbean Advisory 
Committee Governor Tugwell and the Honorable 
Martin Travieso, Justice of the Supreme Court of 
Puerto Rico; Judge William IT. Hastie, Civilian 
Aide to the Secretary of War; and Mr. Carl 
Robins, of California, formerly President of the 
Commodity Credit Corporation, together with Mr. 
Charles W. Taussig, who is also chairman of this 
Committee. 

The study to be undertaken by the Caribbean 
Advisory Committee relates to the economic and 
social problems of the very large number of human 
beings in the British and American islands. The 
study is intended to improve the standards of liv- 
ing in all of the islands concerned. 

It is, of course, clear that neither the Anglo- 
American Caribbean Commission nor the Presi- 
dent's Caribbean Advisory Committee has any 
authority other than the formulation of recommen- 



131 

dations to be submitted, in the first instance, to the 
American and British Governments, and in the 
second instance, to the President. 

XL* COOPERATION WITH FRENCH NATIONAL 
COMMITTEE REGARDING TERRITORIES IN 



(Dept. of State Bulletin, Vol. VI, No. 145, April 4, 1942) 

In view of the importance of French Equatorial 
Africa in the united war effort, the decision has 
been taken to establish an American Consulate Gen- 
eral at Brazzaville, the capital of French Equa- 
torial Africa. Arrangements are under way with 
the appropriate authorities looking to the estab- 
lishment of this office and to the appointment of Mr. 
Maynard Barnes, American Foreign Service officer, 
as Consul General. Mr. Barnes will proceed to 
Brazzaville at the expiration of leave of absence in 
the United States. In the meanwhile, Mr. Laur- 
ence Taylor, who has recently returned from 
French Equatorial Africa, will proceed to Brazza- 
ville to establish the office. 

As has been previously stated, this Government 
has treated with the French authorities in effective 
control of French territories in Africa and will con- 
tinue to treat with them on the basis of their actual 
administration of the territories involved. The 
French territories of Equatorial Africa and the 
French Cameroons are under the effective control 
of the French National Committee established in 
London, and the United States authorities are co- 
operating on matters relating to these territories 
with the authorities established by the French 
National Committee. 



132 

XLI. ARREST BY JAPANESE OF AMERICAN 
OFFICERS IN INDOCHINA 

(Dept. of State Bulletin, Vol. VI, No. 146, April 11, 1942) 

The French Foreign Office on about March 28 
informed the American Ambassador at Vichy, Ad- 
miral William D. Leahy, that the following infor- 
mation had been received from the Governor 
General of Indochina. 

A captain, an aviation lieutenant, and three avia- 
tion sergeant mechanics of the American Army in 
a large American launch (15 by 3 meters) on March 
22 arrived at a point close to a lighthouse in Tour- 
ane Bay. The captain remained in the launch, but 
the other four were arrested by Japanese troops 
and sent to Japanese barracks near by. The Gov- 
ernor General instructed the French Resident to 
take possession of the launch and to intern the com- 
manding officer. At the same time the Governor 
General requested the Japanese mission to turn 
over the four Americans to French authorities. 
The Japanese, over French protest, seized the 
launch and arrested the captain. The Governor 
General has made numerous demarches to the Japa- 
nese authorities but up to the time of reporting had 
been unable to obtain the release of the captured 
Americans to French jurisdiction. He was con- 
tinuing his efforts. 

The Department of State has instructed Am- 
bassador Leahy to urge the French Government to 
continue its efforts to cause the surrender of the 
five Americans to the French authorities. 



133 

■ XLIL SOUTHWEST PACIFIC COMMAND 

(New York Times, April 20, 1942) 

The Southwest Pacific Command of the United 
Nations came into final being today with General 
Douglas MacArthur in the position of Commander 
in Chief operating from headquarters in Australia. 

Together with the announcement of General 
MacArthur 's directive as supreme commander 
came an announcement of instructions to him by 
the United Nations to "prepare to take the offen- 
sive against Japan." 

The final organization of the command and the 
assumption of supreme direction of the military 
forces in the Southwest Pacific area by General 
MacArthur became known in Australia through an 
announcement from the United States headquar- 
ters and a statement by John Curtin, Australian 
Prime Minister. 

The announcements reveal that General Mac- 
Arthur is in command of land, sea and air forces 
in the Southwest Pacific area but they do not define 
its geographical limits. New Zealand was not 
mentioned in the announcement of the United 
States headquarters. 

: The Philippines are included in the area and it 
is presumed that it also incorporates the Nether- 
lands Indies. The United States headquarters 
said: 

"By agreement among the governments of Australia, the 
United Kingdom, the Netherlands and the United States the 
Southwest Pacific area has been constituted, effective from 
midnight Saturday night. General MacArthur formally 
assumes command by virtue of that authority." 



134 

The announcement then detailed commands that 
had been set up in the area together with the officers 
in charge of them. 

Mr. Curtin 's announcement said that as from 
midnight last night the government of Australia 
assigned to the command General MacArthur, 
Commander in Chief of the Southwest Pacific area. 
All combat sections of the Australian defense 
forces. Mr. Curtin stated that from midnight last 
night all orders issued by the Commander in Chief 
would be considered by the commanders of the 
Australian forces as emanating from the common- 
wealth government. He added that it would not be 
in the public interest to disclose the strength of the 
forces that had passed to General MacArthur. 

Details of the Southwest Pacific Command were 
contained in a letter to General MacArthur from 
Mr. Curtin, which the Premier released today to- 
gether with a statement that it had been written on 
receipt of an advice from Herbert V. Evatt, special 
Australian envoy to Washington, that General Mac- 
Arthur 's directive had been approved by President 
Roosevelt. 

Stating that he had directed the Australian Gov- 
ernment's advisers to submit to General Mac- 
Arthur a statement of the Australian forces 
assigned to him, Mr. Curtin said : 

"You have received a charter as supreme commander, 
not from your own government alone, but also from the 
governments of the United Kingdom, Australia, New Zea- 
land and the Netherlands. 

"At the request of a sovereign State you are being placed 
in supreme command of its navy, army and air forces so 
that with those of your own great nation they may be 



135 

welded into a homogeneous force and given that unified 
direction which is so vital for the achievement of victory. 

"Your directive, among other things, instructs you to 
prepare to take the offensive. I would assure you of every 
possible support that can be given you by the government 
and people of Australia in making Australia secure as a 
base of operations in assisting you to marshal the strength 
required to wrest the initiative from the enemy and in 
joining with you in ultimate offensive to bring about the 
total destruction of the common foe." 

The United States headquarters announcement 
said General MacArthur had appointed General 
Sir Thomas Blarney of the Australian Army com- 
mander of the Allied land forces in the Southwest 
Pacific area; Lieut. Gen. George H. Brett, com- 
mander of the Air Forces; Vice Admiral Herbert 
Leary, commander of the naval forces ; Lieut. Gen. 
Jonathan M. Wainwright, commander of the 
United States forces in the Philippines, and Major 
Gen. Julian F. Barnes of the United States Army, 
commander of the United States Army forces in 
Australia. 

Today's announcement here merely regularized 
and formalized a situation that has actually existed 
for some weeks. Excepting that he lacked direc- 
tives and clarifying instructions regarding the 
scope and aim of his duties, General MacArthur 
has been in command here since he arrived from 
the Philippines. The subordinate commands were 
also selected some weeks ago by General Mac- 
Arthur in agreement and consultation with the Au- 
stralian and United States Governments, and the 
names made public. 

General MacArthur 's headquarters' spokesman 
today declined to say from where the General's di- 



136 

rective had come. He also refused to comment on 
whether or not New Zealand was included in Gen- 
eral Mac Arthur's command. 

A United States Army spokesman declined to 
comment on the details of General MacArthur's 
directive, but Mr. Curtin's reference to the fact 
that it contains instructions to prepare to take the 
offensive drew immediate attention. 

Within the scope of these instructions, General 
Mac Arthur's task is seen to be to continue building 
up the strength of Australia and other points in 
his area and to take offensive action when and 
where feasible, and in coordination with military 
operations of the United Nations elsewhere. 

General MacArthur, his subordinate command- 
ers, Mr. Curtin and other Australian Government 
leaders are scheduled to go into conference on Mon- 
day. Selections are believed already made for 
most of the posts on General Mac Arthur 's staff and 
the staffs of the other commanders, and announce- 
ments of the names is expected on Monday. 

It is expected that General MacArthur will have 
Australian as well as American staff: officers and 
similarly that General Blarney will have American 
staff officers. General Barnes, who commanded the 
United States forces in Australia for a short time 
after their arrival, will have only the service com- 
mand of the United States forces under the new 
set up. His command will extend to administra- 
tive duties and special units, but General Blarney, 
as commander of the Allied land forces in the 
Southwest Pacific, will command the American 
troops in the field. 



137 

General Blarney is a former commander of the 
Australian forces in the Middle East and was dep- 
uty commander in chief there. General Brett was 
formerly deputy commander in chief to General 
Sir Archibald P. Wavell when the latter was com- 
mander in chief of the Allied forces in the South- 
west Pacific with headquarters in Java. Admiral 
Leary was former commander of the Allied naval 
forces in what is known as the Anzac area, that is 
Australia and New Zealand waters. 

General Wainwright has commanded the United 
States forces in the Philippines since General Mac- 
Arthur's departure. 

A good part of the organization of military af- 
fairs in the Southwest Pacific area is already done. 
General MacArthur has been busy since he arrived 
in Australia with no details of organization and 
much has been accomplished in anticipation of the 
formal authorizations that have now arrived. 
Australia has already completed the reorganiza- 
tion of her forces. 

XLIIL DEVELOPMENTS IN MARTINIQUE 
(Dept. of State Bulletin, Vol. VI, No. 150, May 9, 1942) 

The President has directed a visit by Admiral 
John H. Hoover, as Commander of the Caribbean 
Sea Front, accompanied by a representative of the 
Department of State, to Martinique for the pur- 
pose of seeking with the French High Commis- 
sioner there an understanding with respect to the 
local problem presented by the French possessions 
in the Caribbean area arising out of the collabo- 
ration poHcy of Monsieur Laval. 



138 

Admiral Hoover and Mr. Samuel Reber, Assist- 
ant Chief of the Division of European Affairs, 
Department of State, arrived at Martinique the 

morning of May 9. 

Admiral Hoover is authorized to jjropose an ar- 
rangement whereby the French flag may continue 
to fly over the French Caribbean possessions and 
French sovereignty there will remain unchanged, 
and whereby Admiral Robert will continue to be 
recognized as the ultimate governing authority of 
French Caribbean possessions. 

Should mutually satisfactory arrangements be 
reached with Admiral Robert as High Commis- 
sioner, assuring that the French authorities in the 
French Caribbean- Atlantic coast area will not 
furnish aid or comfort to Axis forces, the United 
States is prepared to safeguard the interests of 
France in these areas, to maintain their economic 
life, and to assure that all assets of the French 
Government in the French Caribbean possessions 
be held for the ultimate use of the French people. 

XLIV. TREATMENT OF CIVILIAN ENEMY ALIENS 
AND PRISONERS OF WAR 

(Dept. of State Bulletin, Vol. VI, No. 152, May 23, 1942) 

Upon the outbreak of war in Europe the Govern- 
ment of the United States, actuated by humani- 
tarian motives, expressed the earnest hope to the 
British, French, and German Governments that 
they could give thought to avoiding harsh treatment 
of enemy aliens. It was pointed out that there had 
grown gradually among civilized states the convic- 
tion that there should be no retaliation against pris- 
oners of war for acts of their governments. This 



139 

conviction received international sanction in the 
Prisoners of War Convention which was signed at 
Geneva in 1929. It was suggested that the same 
reasoning should apply to civilian enemy aliens un- 
fortunate enough to be caught under enemy juris- 
diction and that just as the nations had abandoned 
the idea that prisoners of war are hostages for the 
good behavior of the enemy so the same idea in re- 
spect to civilians might be held. It was recognized 
that belligerents might feel it essential to maintain 
surveillance and some restrictions upon the acts of 
civilian enemy aliens. These ideas were in general 
accepted and applied by the three belligerents to 
whom the American Government addressed its 
communication . 

Upon the entry of the United States into the war 
the Government of the United States with refer- 
ence to its declaration to the British, French, and 
German Governments informed the German, Ital- 
ian, and Japanese Governments that it intended on 
its part to apply the principles set forth in its 
declaration and in line therewith to apply to 
civilian enemy aliens as liberal a regime as was 
consistent with the safety of the United States. 
This Government declared that enemv aliens whom 
it might be found necessary to intern would be 
treated at least as favorably as prisoners of war. 
To that end this Government informed the German, 
Italian, and Japanese Governments that it in- 
tended to apply to civilian enemy aliens taken into 
custody by it the provisions of the Geneva Prison- 
ers of War Convention, so far as those provisions 
might be adaptable to civilians, and that it expected 
the enemy governments to extend like treatment 

492005—42 — 10 



140 

to American citizens taken into custody by them. 
The Italian Government replied that it would be 
glad reciprocally to apply the Geneva Prisoners of 
War Convention to American civilians interned by 
it. The Japanese Government replied that it 
would extend the provisions of the Convention 
reciprocally to American civilian internees pro- 
vided that the American Government did not make 
use of the provisions of the Convention to compel 
Japanese civilians in its hands to work against 
their will — to which this Government agreed. The 
German Government stated that pending the com- 
pletion of negotiations which were going on be- 
tween the German and American Governments for 
the mutual repatriation of each other's nationals, it 
preferred not to undertake additional international 
obligations, especially since it hoped that it would 
be possible to substitute repatriation for intern- 
ment. This Government replied that, as it had 
stated at the outbreak of the war, it did not desire 
to effect general internment of German nationals 
and preferred that citizens of the other country 
whose presence in either country appears prejudi- 
cial to the national safety should be repatriated. 
It added that pending the repatriation of German 
nationals held in custodv in the United States the 
Government of the United States would in accord- 
ance w T ith its previous declaration to the German 
Government apply to them the provisions of the 
Geneva Prisoners of War Convention and that it 
had taken note from reports received by it from 
official neutral sources that the German Govern- 
ment was apparently applying the provisions of 
this Convention to American civilians held in cus- 
tody by it. 



141 

Upon the declaration of war between the United 
States and Germany and the United States and 
Italy, the Geneva Prisoners of War Convention, 
to which all three countries are parties, was put 
into effect as regards prisoners of war. Japan, 
which is not a party to the Prisoners of War Con- 
vention, has agreed to apply it reciprocally to 
American prisoners of war. 

The Geneva Prisoners of War Convention lays 
down in general terms the rights and duties of 
prisoners of war. The prisoners may be interned 
in towns, fortresses, or enclosed camps but they 
may not be imprisoned except as an indispensable 
measure of safety nor held in unhealthful regions. 
They must be lodged in buildings or in barracks 
affording all possible guaranties of hygiene and 
healthfulness and given generally the same accom- 
modations and food as the depot troops of the hold- 
ing power. They must receive medical treatment 
and be given liberty in the exercise of their religion. 
Sports and intellectual recreational diversions or- 
ganized by them are to be encouraged by the hold- 
ing powers. Officer prisoners must receive from 
the holding power the same pay as officers of cor- 
responding rank in the armies of that power, pro- 
vided this pay does not exceed that to which they 
are entitled in their own army. The labor of pri- 
vate soldiers may be utilized by the holding power 
with payment of wages in accordance with the rates 
in force for soldiers in the national army doing the 
same work or, if no such rates exist, according to 
rates in harmony with the work performed. 

The Convention also provides that prisoners of 
war may be allowed to correspond with friends and 
relatives and that their correspondence shall enjoy 



142 

the postal frank. They may receive parcels con- 
taining foods, books, and other items. They may 
deal with the authorities through men of confidence 
or agents appointed by them from among them- 
selves. The Convention specifies the procedure to 
be followed in imposing disciplinary punishments 
on prisoners of war and in their trial and punish- 
ment for crimes. Sick and wounded prisoners are 
to be repatriated. 

The Convention further provides for the estab- 
lishment of official information bureaus to ex- 
change lists of prisoners among the belligerent 
powers and for w 7 ork by relief societies in the 
prisoner-of-war camps. It also provides that 
representatives of the protecting powers shall visit 
camps to insure compliance with the provisions of 
the Convention and permits the carrying out by the 
International Red Cross' Committee, with the con- 
sent of the interested belligerents, of its recognized 
humanitarian work. 

The German, Italian, and Japanese Governments 
are apparently abiding by their undertakings to 
apply to prisoners of w r ar the Geneva Prisoners of 
War Convention and, so far as they are adaptable, 
to extend the application of the provisions of that 
Convention to American civilians. 

The Japanese have permitted official neutral 
observers to visit American prisoners of war in 
Japan and American civilians interned in Japan 
and in a number of places which were in Japanese 
hands at the outbreak of the war between the 
United States and Japan. The Japanese have per- 
mitted these official neutral observers in some cases 
to speak alone with the Americans and in other 



143 

cases to speak with them in the presence of Japa- 
nese officials. American prisoners of war and 
civilian internees so interviewed have made no seri- 
ous complaints of infractions of the Convention. 
The prisoners are reported to be receiving standard 
Japanese Army rations. The private soldiers at 
the camp at Zentsuji are being given employment 
in agriculture for which they receive pay. Civil- 
ians are in part interned under similar conditions 
in camps, in part under forced residence in their 
own houses, and in part at large under parole. 

The Government of the United States, however, 
still remains without information from official neu- 
tral sources regarding the condition of Americans 
in the Philippines, in parts of occupied China, in 
Hong Kong, in Malaya, and in the Motherland East 
Indies, to which the Japanese Government has not 
yet admitted official neutral observers. Efforts 
have been made and are currently being continued 
to obtain Japanese consent to admit to these places 
also official neutral observers for the purpose of 
investigating the condition of American citizens, 
both interned and not interned. 

Americans interned in Germany are accom- 
modated in heated buildings and are reported to 
receive the rations of German depot troops. They 
are permitted to receive visits from their relatives 
and are allowed to exchange mail with friends and 
relatives and to receive parcels and supplementary 
food and clothing. They receive good medical at- 
tention, and in most cases the aged and sick are re- 
liably reported to have been released. Their gen- 
eral health is stated to be good. 



144 

Americans interned in Italy are reliably reported 
not to be confined in camps but to be under orders 
to remain in certain towns and districts. 

This Government is endeavoring to fulfil its 
undertakings with regard to the Geneva Conference 
and at the same time is insisting that the full bene- 
fits of the Convention be reciprocally granted by 
the enemy countries to American citizens in their 
hands. 

XLV. AGREEMENT WITH PANAMA FOR LEASE 
OF DEFENSE SITES 

(Dept. of State Bulletin, Vol. VI, No. 152, May 23, 1942) 

The Governments of the Republic of Panama 
and the United States of America have reached an 
important agreement covering the use by the 
armed forces of the United States of numerous 
defense areas in the Republic of Panama. The 
agreement, to enter into effect when approved by 
the National Assembly of Panama, was signed at 
Panama on May 18 by the Ambassador of the 
United States, Edwin C. Wilson, and the Pan- 
amanian Minister of Foreign Affairs, Octavio 
Pabrega. 

At the same time announcement was made of 
the satisfactory settlement of certain outstanding 
problems in the relations between the two coun- 
tries, as embodied in notes exchanged May 18, 1942 
between the Secretary of State and the Panamanian 
Ambassador in Washington, Senor Don Ernesto 
Jaen Guardia. Among the various points on 
which agreement has been reached, those of par- 
ticular significance follow : The withdrawal of the 
Panama Railroad Company from real-estate opera- 



145 

tions in the cities of Panama and Colon by turning 
over to Panama certain lots owned by the company 
in those cities; the delivery to the Government of 
Panama of the waterworks and sewerage systems 
lying wholly within territory under the jurisdiction 
of the Republic of Panama ; and the liquidation of 
Panama's indebtedness arising out of the con- 
struction of the strategic Rio Hato-Chorrera 
Highway. The agreements reached on these three 
points will be submitted to the Congress of the 
United States for approval. 

Pending the conclusion of the agreement for the 
use of the defense areas, the Panamanian Govern- 
ment has permitted the military forces of the 
United States to occupy and develop these areas 
as gun emplacements, airplane-detector stations, 
bombing ranges, and auxiliary air fields. The 
largest of these is the Rio Hato air base, situated 
some 80 miles to the southwest of the Canal. 

Immediately following the attack by the Japa- 
nese on Pearl Harbor, Panama declared war on 
Japan, Germany, and Italy and since that time has 
taken numerous and effective steps which have 
demonstrated that republic 's willingness to assume 
promptly and whole-heartedly its responsibility as 
a partner in the defense of the Panama Canal, in 
accordance with the provisions of the Treaty of 
Friendship and Cooperation signed at Washington 
on March 2, 1936. 

This agreement is another significant landmark 
in the history of the relations between the United 
States and Panama and constitutes an important 
contribution to the security of the Canal and the 
defense of the Hemisphere. 



146 

The text of the agreement for the lease of defense 
sites in the Republic of Panama follows: 

"The undersigned, Octavio Fabrega, Minister for Foreign 
Affairs of the Republic of Panama, and Edwin C. Wilson, 
Ambassador of the United States of America, acting on be- 
half of our respective Governments, for which we are 
duly and legally authorized, have concluded the following 
Agreement : 

"The Governments of the Republic of Panama and of 
the United States of America, conscious of their joint obli- 
gation, as expressed in the provisions of the General Treaty 
of Friendship and Cooperation, concluded March 2, 1936, 
to take all measures required for the effective protection of 
the Panama Canal in which they are jointly and vitally 
interested, have consulted together and have agreed as 
follows : 

"Article I 

"The Republic of Panama grants to the United States the 
temporary use for defense purposes of the lands referred to 
in the Memorandum attached to this Agreement and form- 
ing an integral part thereof. These lands shall be evacuated 
and the use thereof by the United States of America shall 
terminate one year after the date on which the definitive 
treaty of peace which brings about the end of the present 
war shall have entered into effect. If within that period the 
two Governments believe that, in spite of the cessation of 
hostilities, a state of international insecurity continues to 
exist which makes vitally necessary the continuation of the 
use of any of the said defense bases or areas, the two Gov- 
ernments shall again enter into mutual consultation and 
shall conclude the new agreement which the circumstances 
require. 

"The national authorities of the Republic of Panama shall 
have adequate facilities for access to the defense sites men- 
tioned herein. 

"Article II 

"The grant mentioned in the foregoing article shall in- 
clude the right to use the waters adjacent to the said areas 
of land and to improve and deepen the entrances thereto 



147 

and the anchorage in such places as well as to perform in/on 
the said areas of land all the works that may be necessary 
in connection with the effective protection of the Canal. 
This gives no right to commercial exploitation or utilization 
of the soil or subsoil, or of adjacent beaches and streams. 

"Article III 

"Military and naval aircraft of Panama shall be author- 
ized to land at and take off from the airports established 
within the areas referred to in Article I. Similarly, mili- 
tary and naval aircraft of the United States shall be au- 
thorized to use military and naval airports established by the 
Republic of Panama. The regulations covering such re- 
ciprocal use shall be embodied in an agreement to be nego- 
tiated by the appropriate authorities of the two countries. 

"Article IV 

"The Republic of Panama retains its sovereignty over the 
areas of land and water mentioned in the Memorandum 
referred to in Article I and the air space thereover, as well 
as complete jurisdiction in civil matters, provided, however, 
that during the period of temporary occupation contemplated 
by this Agreement, the Government of the United States 
shall have complete use of such areas and exclusive jurisdic- 
tion in all respects over the civil and military personnel of 
the United States situated therein, and their families, and 
shall be empowered, moreover, to exclude such persons as it 
sees fit without regard to nationality, from these areas, with- 
out prejudice to the provisions of the second paragraph of 
Article I of this Agreement, and to arrest, try and punish 
all persons who, in such areas, maliciously commit any crime 
against the safety of the military installations therein; pro- 
vided, however, that any Panamanian citizen arrested or 
detained on any charges shall be delivered to the authorities 
of the Republic of Panama for trial and punishment. 

"Article V 

"The Republic of Panama and the United States reiterate 
their understanding of the temporary character of the occu- 



148 

pation of the defense sites covered by this Agreement. Con- 
sequently, the United States, recognizing the importance of 
the cooperation given by Panama in making these temporary 
defense sites available and also recognizing the burden which 
the occupation of these sites imposes upon the Republic of 
Panama, expressly undertakes the obligation to evacuate the 
lands to which this contract refers and to terminate com- 
pletely the use thereof, at the latest within one year after 
the date on which the definitive treaty of peace which brings 
about the cessation of the present war, shall have entered 
into effect. It is understood, as has been expressed in Arti- 
cle I, that if within this period the two Governments be- 
lieve that in spite of the cessation of hostilities, a state of 
international insecurity continues to exist which makes 
vitally necessary the continuation of the use of any of the 
said defense bases or sites, the two Governments shall again 
enter into mutual consultation and shall conclude the new 
Agreement which the circumstances require. 

"Article VI 

"All buildings and structures which are erected by the 
United States in the said areas shall be the property of the 
United States, and may be removed by it before the expira- 
tion of this Agreement. Any other buildings or structures 
already existing in the areas at the time of occupation shall 
be available for the use of the United States. There shall 
be no obligation on the part of the United States herein or 
the Republic of Panama to rebuild or repair any destruction 
or damage inflicted from any cause whatsoever on any of 
the said buildings or structures owned or used by the United 
States in the said areas. The United States is not obliged 
to turn over to Panama the areas at the expiration of this 
lease in the condition in which they were at the time of their 
occupation, nor is the Republic of Panama obliged to allow 
any compensation to the United States for the improvements 
made in the said areas or for the buildings or structures left 
thereon, all of which shall become the property of the Re- 
public of Panama upon the termination of the use by the 
United States of the areas where the structures have been 
built. 



149 

"Article VII 

"The areas of land referred to in Article I, the property 
of the United States situated therein, and the military and 
civilian personnel of the United States and families thereof 
who live in the said areas, shall be exempt from any tax, 
imposts or other charges of any kind by the Republic of 
Panama or its political subdivisions during the term of this 
Agreement. 

"Article VIII 

"The United States shall complete the construction at its 
own expense of the highways described below, under the 
conditions and with the materials specified : 

"Highway A-3. (Shall extend from Pina on the Atlantic 
side of the Isthmus to the Canal Zone boundary at the Rio 
Providencia. It shall be at least ten feet in width and con- 
structed of macadam.) 

"Extension of the Trans-Isthmian Highway following the 
line of the P-8 road. (Specifications shall be the same as 
for the Trans-Isthmian Highway. The extension shall start 
at Madrinal, by-passing Madden Dam by a bridge over the 
Chagres River below the Dam to connect with the P-8 road 
at Roque and shall extend the P-8 road from Pueblo Nuevo 
into Panama City. It is understood that the pavement of 
the bridge over the Chagres River will be located above the 
elevation established as the Canal Zone boundary.) 

"Upon the completion of these highways the Government 
of the United States will assume the responsibility for any 
necessary post construction operations, that is, the per- 
formance of work necessary to protect the original construc- 
tion until such time as the roads become stabilized. 

"The Government of Panama guarantees that the roads 
under its jurisdiction used periodically or frequently by the 
armed forces of the United States will be well and property 
maintained at all times. The Government of Panama will 
ask for the cooperation of the Government of the United 
States in the performance of repair and maintenance work 
on the said roads whenever it deems necessary such co- 
operation in order to fulfilJ the aforesaid guarantee, such 



150 

as for example in the case of emergencies or situations which 
require prompt action. 

"The Government of the United States will bear one third 
of the total annual maintenance cost of all Panamanian 
roads used periodically or frequently by the armed forces 
of the United States, such cost to cover the expense of any 
wear or damage to roads caused by movements related to 
defense activities. The amount payable by the United 
States will be based upon accounts presented annually by 
the Republic of Panama giving in detail the total annual 
expenditures made by it on each highway used periodically 
or frequently by the armed forces of the United States, and 
upon accounts similarly presented by the Government of 
the United States giving in similar detail the expenditures 
made by that Government in response to requests from the 
Government of Panama as set forth above. In the event 
that the Government of the United States has rendered co- 
operation in the maintenance of the said roads, the expenses 
incurred by that Government in so doing will be credited 
toward the share of the United States in the total main- 
tenance of the roads under the jurisdiction of Panama. 

"In consideration of the above obligations and responsi- 
bilities of the United States, the Government of the Re- 
public of Panama grants the right of transit for the routine 
movement of the members of the armed forces of the United 
States, the civilian members of such forces and their fami- 
lies, as well as animals, animal-drawn and motor vehicles 
employed by the armed forces or by contractors employed 
by them for construction work or others whose activities 
are in any way related to the defense program, on roads con- 
structed by the United States in territory under the juris- 
diction of the Republic of Panama and on the other national 
highways which place the Canal Zone in communication 
with the defense areas and of the latter with each other. 
It should be understood that the United States will take 
at all times the precautions necessary to avoid, if possible, 
interruptions of transit in the Republic of Panama. 



151 

"Article IX 

"All roads constructed by the United States in the terri- 
tory under the jurisdiction of the Republic of Panama shall 
be under the jurisdiction of Panama. As to those secondary 
roads constructed by the United States for the purpose of 
giving access to any defense site, Panama grants to the 
military authorities of the United States the right to restrict 
or prohibit public travel on such roads within a reasonable 
distance from such sites if such restriction or prohibition is 
necessary to the military protection of such sites. It is 
understood that such restriction or prohibition is without 
prejudice to the free access of the inhabitants established 
within the restricted areas to their respective properties. It 
is also understood that such restriction or prohibition is not 
to be exercised on any part of any main highway. 

"Article X 

"The Government of the United States of America, when 
constructing the air bases and airports on any of the sites 
referred to in Article I, shall take into consideration, in addi- 
tion to the requirements of a technical order for the safety 
thereof, the regulations on the matter as have been or may 
be promulgated by the joint Aviation Board. 

"The Republic of Panama shall not permit, without reach- 
ing an agreement with the United States, the erection or 
maintenance of any aerial lines or other obstructions which 
may constitute a danger for persons flying in the vicinity of 
the areas intended for air bases or airports. If, in con- 
structing the said air bases and airports, it should be neces- 
sary to remove lines of wire already strung because of their 
constituting an obstacle thereto, the Government of the 
United States shall pay the costs of the removal and new 
installation elsewhere which may be occasioned. 

"Article XI 

"The Government of the United States agrees to take all 
appropriate measures to prevent articles imported for con- 



152 

sumption within the areas referred to in Article I from 
passing to any other territory of the rest of the Republic 
except upon compliance with Panamanian fiscal laws. 
Whenever it is possible, the provisioning and equipping of 
the bases and their personnel will be done with products, 
articles and foodstuffs coming from the Republic of 
Panama, provided they are available at reasonable prices. 

"Article XII 

"The sites referred to in Article I consist both of lands 
belonging to the Government of the Republic of Panama 
and of privately owned lands. 

"In the case of the private lands, which the Government 
of Panama shall acquire from the owners and the tempo- 
rary use of which shall be granted by it to the Government 
of the United States, it is agreed that the Government of the 
United States will pay to the Government of Panama an 
annual rental of fifty balboas or dollars per hectare for all 
such lands covered by this Agreement, the Government of 
Panama assuming all costs of expropriation as well as in- 
demnities and reimbursements for buildings, cultivations, 
installations or improvements which may exist within the 
sites chosen. 

"In the case of the public lands the Government of the 
United States will pay to the Government of Panama an 
annual rental of one balboa or dollar for all such lands 
covered by this Agreement. 

"There are expressly excepted the lands situated in the 
Corregimiento of Rio Hato, designated by No. 12 in the 
attached Memorandum, it being understood that for this 
entire tract the United States Government will pay to the 
Government of Panama an annual rental of ten thousand 
balboas or dollars. 

"The rentals set out in this Article shall be paid in balboas 
as defined by the Agreement embodied in the exchange of 
notes dated March 2, 1936, referred to in Article VII of the 
Treaty of that date between the United States of America 
and Panama, or the equivalent thereof in dollars, and shall 
be payable from the date on which the use of the lands by 



153 

the United States actually began, with the exception of the 
lands situated in the Corregimeniento of Rio Hato desig- 
nated by No. 12 in the attached Memorandum, rental for 
which shall commence January 1, 1943. 

"Article XIII 

"The provisions of this Agreement may be terminated 
upon the mutual consent of the signatory parties even prior 
to the expiration thereof in conformity with Articles I and 
V above, it being understood also that any of the areas to 
which this Agreement refers may be evacuated by the United 
States and the use thereof by the United States terminated 
prior to that date. 

"Article XIV 

"This Agreement will enter into effect when approved 
by the National Executive Power of Panama and by the 
National Assembly of Panama." 

XLVI. DECLARATIONS OF A STATE OF WAR WITH 
BULGARIA, HUNGARY, AND RUMANIA 

(Dept. of State Bulletin, Vol. VI, No. 154, June 6, 1942) 

"Joint Resolution Declaring that a state of war exists be- 
tween the Government of Bulgaria and the Government 
and the people of the United States and making pro- 
visions to prosecute the same. 
"Whereas the Government of Bulgaria has formally de- 
clared war against the Government and the people of the 
United States of America : Therefore be it 

"Resolved by the Senate and House of Representatives of 
the United States of America in Congress assembled, That 
the state of war between the United States and the Govern- 
ment of Bulgaria which has thus been thrust upon the 
United States is hereby formally declared; and the Presi- 
dent is hereby authorized and directed to employ the entire 
naval and military forces of the United States and the re- 
sources of the Government to carry on war against the Gov- 
ernment of Bulgaria ; and, to bring the conflict to a success- 



154 

ful termination, all of the resources of the country are here- 
by pledged by the Congress of the United States. 

"Approved, June 5, 1942." [Joint resolutions declaring a 
state of war with Hungary and Rumania, Mutatis mutandis, 
were also approved June 5, 1942.] 

XLVIL CONVERSATIONS BETWEEN THE 
PRESIDENT AND MR. MOLOTOV 

(Dept. of State Bulletin, Vol. VI, No. 155, June 13, 1942) 

The People's Commissar of Foreign Affairs of 
the Union of Soviet Socialist Republics, Mr. V. M. 
Molotov, following the invitation of the President 
of the United States of America, arrived in Wash- 
ington on May 29 and was for some time the Presi- 
dent's guest. This visit to Washington afforded an 
opportunity for a friendly exchange of views be- 
tween the President and his advisers on the one 
hand and Mr. Molotov and his party on the other. 
Among those who participated in the conversations 
were : The Soviet Ambassador to the United States, 
Mr. Maxim Litvinoff; Mr. Harry Hopkins; the 
Chief of Staff, General George C. Marshall; and 
the Commander in Chief of the United States Fleet, 
Admiral Ernest J. King. Mr. Cordell Hull, Secre- 
tary of State, joined in subsequent conversations 
on non-military matters. 

In the course of the conversations full under- 
standing was reached with regard to the urgent 
tasks of creating a second front in Europe in 1942. 
In addition, the measures for increasing and speed- 
ing up the supplies of planes, tanks, and other kinds 
of war materials from the United States to the 
Soviet Union were discussed. Also discussed were 
the fundamental problems of cooperation of the 



155 

Soviet Union and the United States in safeguard- 
ing peace and security to the freedom-loving peo- 
ples after the war. Both sides state with satisfac- 
tion the unity of their views on all these questions. 
At the conclusion of the visit the President asked 
Mr. Molotov to inform Mr. Stalin on his behalf that 
he feels these conversations have been most useful 
in establishing a basis for fruitful and closer rela- 
tions between the two governments in the pursuit 
of the common objectives of the United Nations. 

XLVIII. COMBINED PRODUCTION AND RE- 
SOURCES BOARD AND COMBINED FOOD 
BOARD, UNITED STATES AND GREAT BRITAIN 

(Dept. of State Bulletin, Vol. VI, No. 155, June 13, 1942) 

The President announced on June 9 on behalf of 
himself and the Prime Minister of Great Britain 
the creation of a Combined Production and Re- 
sources Board and a Combined Pood Board. 

The general purpose of the two boards was an- 
nounced with release of memoranda addressed by 
the President to Mr. Donald Nelson, who will act 
as the American representative on the Combined 
Production and Resources Board, and to the Secre- 
tary of Agriculture, Mr. Claude Wickard, who will 
act as the American representative on the Com- 
bined Pood Board. 

The text of the memorandum to Mr. Nelson 
follows. 

"In order to complete the organization needed for the most 
effective use of the combined resources of the United States 
and the United Kingdom for the prosecution of the war, 
there is hereby established a Combined Production and Re- 
sources Board. 

492005—42 11 



156 

"1. The Board shall consist of the Chairman of the War 
Production Board, representing the United States, and the 
Minister of Production, representing the United Kingdom. 

"2. The Board shall : 

"(a) Combine the production programs of the United 
States and the United Kingdom into a single integrated 
program, adjusted to the strategic requirements of the war, 
as indicated to the Board by the Combined Chiefs of Staff, 
and to all relevant production factors. In this connection, 
the Board shall take account of the need for maximum utili- 
zation of the productive resources available to the United 
States, the British Commonwealth of Nations, and the 
United Nations, the need to reduce demands on shipping 
to a minimum, and the essential needs of the civilian 
populations. 

"(b) In close collaboration with the Combined Chiefs of 
Staff, assure the continuous adjustment of the combined 
production program to meet changing military requirements. 

"3. To this end, the Combined Chiefs of Staff and the 
Combined Munitions Assignments Board shall keep the 
Combined Production and Resources Board currently in- 
formed concerning military requirements, and the Combined 
Production and Resources Board shall keep the Combined 
Chiefs of Staff and the Combined Munitions Assignments 
Board currently informed concerning the facts and possi- 
bilities of production. 

"4. To facilitate continuous operation, the members of the 
Board shall each appoint a Deputy; and the Board shall 
form a combined staff. The Board shall arrange for such 
conferences among United States and United Kingdom 
personnel as it may from time to time deem necessary or 
appropriate to study particular production needs; and 
utilize the Joint War Production Staff in London, the Com- 
bined Raw Materials Board, the Joint Aircraft Committee, 
and other existing combined or national agencies for war 
production in such manner and to such extent as it shall 
deem necessary." 



157 

The text of the memorandum to Secretary 
Wickard follows. 

"By virtue of the authority vested in me by the Consti- 
tution and as President of the United States, and acting 
jointly and in full accord with the Prime Minister of Great 
Britain, I hereby authorize, on the part of the Government 
of the United States, the creation of a joint Great Britain- 
United States board to be known as the Combined Food 
Board. 

"In order to coordinate further the prosecution of the war 
effort by obtaining a planned and expeditious utilization 
of the food resources of the United Nations, there is hereby 
-established a Combined Food Board. 

"The Board will be composed of the Secretary of Agri- 
culture and of the Head of the British Food Mission who 
will represent and act under the instruction of the Minister 
of Food. 

"The duties of the Board shall be: 

"To consider, investigate, enquire into, and formulate 
plans with regard to any question in respect of which the 
Governments of the U. S. A. and the U. K. have, or may 
have, a common concern, relating to the supply, production, 
transportation, disposal, allocation or distribution, in or to 
any part of the world, of foods, agricultural materials from 
which foods are derived, and equipment and non-food ma- 
terials ancillary to the production of such foods and agri- 
cultural materials, and to make recommendations to the 
Governments of the U. S. A. and the U. K. in respect of 
any such question. 

"To work in collaboration with others of the United Na- 
tions toward the best utilization of their food resources, and, 
in collaboration with the interested nation or nations, to 
formulate plans and recommendations for the development, 
expansion, purchase, or other effective use of their food 
resources. 

"The Board shall be entitled to receive from any Agency 
of the Government of the United States and any Depart- 



158 

ment of the Government of the United Kingdom, any in- 
formation available to such Agency or Department relating 
to any matter with regard to which the Board is competent 
to make recommendations to those Governments, and in 
principle, the entire food resources of Great Britain and 
the United States will be deemed to be in a common pool, 
about which the fullest information will be interchanged." 

XLIX. GERMAN SUBMARINE ZONE OF 
OPERATIONS 

(New York Times, June 14, 1942) 

A statement broadcast from Berlin and recorded 
by the Columbia Broadcasting Company described 
a submarine "zone of operations" extending to the 
American coast, indicating a new threat of under- 
sea warfare. 

The German statement said that " Every ship 
which enters this zone after June 26, 1942 will 
expose itself to destruction." The Berlin radio 
acknowledged openly that the announcement was 
in answer to the Allied threat of a second front, 
which was ridiculed as "a declaration on paper." 

Excerpts from the Nazi broadcast follow : 

"As a result of the entry into the war of the United States 
of America and the development which naval warfare has 
undergone off the American east coast, the zone of operation 
in which fighting may be expected has been extended to the 
American coast. 

"Every ship which enters this zone after June 26, 1942, 
will expose itself to destruction. 

"The German Government, therefore, warns all ships 
against navigating in this danger zone, which has been 
demarcated as follows: 

"From the Belgian coast 3 degrees E, over 52 degrees N., 
3 degrees E, and 68 degrees N., 10 degrees W. to the coast 



159 

of Greenland along 68 degrees N". ; then along the Greenland 
coast to Cape Farewell and from there to Cape Harrison; 
thence along the coast to Canada, the United States of 
America to Key West; from there along 20 degrees ST., 60 
degrees W., 45 degrees N., 20 degrees W. and 45 degrees N., 
5 degrees W. and then to the French coast at 47 degrees 30 
minutes N. 

"Such an extension of the realm of operations on the part 
of the German Navy is more than an announcement on 
paper. That has been proved already beyond a shadow of 
a doubt by the successes achieved by German submarines in 
American waters." 

L. EXCHANGE OF DIPLOMATIC AND CONSULAR 

PERSONNEL 

(Dept. of State Bulletin, Vol. VII, No. 158, July 4, 1942) 

The German Government has withdrawn the 
previously agreed safe conducts for future voyages 
of the S. S. Drottningholm between New York and 
Lisbon and has thereby violated the exchange 
agreement. This Government informed the Ger- 
man Government through the Swiss Government 
by note .'that the German Government, by uni- 
lateral action, has violated the agreement entered 
into between this Government and the German 
Government for the exchange of their nationals in 
that it has withdrawn the safe conduct previously 
given for the several round-trip voyages of the 
Drottningholm between New York and Lisbon. As 
the assurance of this safe conduct was an essential 
part of the Exchange Agreement between the two 
Governments, this Government must consider the 
agreement as terminated by the act of the German 
Government. ? ' 



160 

LI. CONSULTATION WITH FREE FRENCH IN 

LONDON 

(Dept. of State Bulletin, Vol. VII, No. 159, July 11, 1942) 

The Government of the United States is sub- 
ordinating all other questions to the one supreme 
purpose of achieving military success in the war 
and carrying it forward to a successful conclusion. 
The French National Committee has the same 
objective and is undertaking active military meas- 
ures for the preservation of French territory for 
the French people. The Government of the United 
States recognizes the contribution of General de 
Gaulle and the work of the French National Com- 
mittee in keeping alive the spirit of French tradi- 
tions and institutions and believes that the military 
aims necessary for an effective prosecution of the 
war, and hence the realization of our combined 
aims, are best advanced by lending all possible mili- 
tary assistance and support to the French National 
Committee as a symbol of French resistance in gen- 
eral against the Axis powers. The Government of 
the United States wholeheartedly agrees with the 
view of the British Government, which is also 
known to be the view of the French National Com- 
mittee, that the destiny and political organization 
of France must, in the last analysis, be determined 
by free expression of the French people under con- 
ditions giving them freedom to express their desires 
unswayed by any form of coercion. 

In pursuing the common war objective, the Gov- 
ernment of the United States will continue to deal 
with the local Free French officials in their respec- 
tive territories where they are in effective control. 



161 

Realizing the need for coordinating their common 
efforts the Government of the United States per- 
ceives every advantage in centralizing the discus- 
sion of those matters relating to the prosecution of 
the war with the French National Committee in 
London. An essential part of the policy of the 
Government of the United States for war collabo- 
ration is assistance to the military and naval forces 
of Free France, which is being extended under the 
terms of the President's statement of November 
11, 1941, that the defense of those French terri- 
tories under the control of Free French forces is 
vital to the defense of the United States. 

In harmony with the foregoing observations the 
Government of the United States is prepared to 
appoint representatives in London for purposes of 
consultation. 

Department of State, 
Washington, 

LII. FRENCH SHIPS AT ALEXANDRIA, EGYPT 

(Dept. of State Bulletin, Vol. VII, No. 160, July 18, 1942) 

In his press conference on July 14, Under Secre- 
tary of State Welles outlined statements which the 
United States Government has made to the French 
Government at Vichy with regard to French war- 
ships at Alexandria. He pointed out at the outset 
that these French warships at Alexandria are 
understood by the United States Government as 
being outside the provisions of the Armistice agree- 
ment entered into between the French Government 
at Vichy and Germany. Mr. Welles said that these 
warships were in Alexandria at the time of the 



162 

Armistice signature and were there in accordance 
with naval understandings between the French 
Government and its then ally, Great Britain. The 
Under Secretary said that, on July 3, in view of 
the situation which existed at that time in North 
Africa, President Roosevelt made the following 
proposal to the French Government at Vichy. The 
President made it clear that he hoped that the 
French ships at Alexandria could be placed in the 
protective custody of the United States, to include 
passage of the French ships through the Suez 
Canal, thence to a secure and remote part of this 
hemisphere for the duration of the war, either in 
a port of the United States or in some neutral port, 
with a guaranty of the return of these ships to 
France at the end of the war. The President said, 
Mr. Welles added, that he felt that this proposal 
was in the interest of France; he stated further 
that if this offer on behalf of the United States was 
not accepted by the French Government, the Brit- 
ish, knowing of this offer, would of course be prop- 
erly and wholly justified in ordering the French 
ships through the Suez Canal, and, if the order was 
not obeyed, they would be wholly justified in de- 
stroying the ships to prevent them from falling 
into the hands of the enemy. Mr. Welles said the 
offer made at that time by the President was re- 
jected by the French Government. On July 9, the 
Under Secretary continued, the President made a 
further proposal to the French Government. He 
proposed that if the French Government agreed 
that the French naval units now at Alexandria be 
withdrawn by way of the Suez Canal, the Govern- 
ment of the United States by agreement with the 



163 

British Government would grant safe passage 
to Martinique, where they would not be used by 
either of the two belligerent Governments, namely, 
the United States and Great Britain, but where 
they would be immobilized for the duration of the 
war on the same basis as other French warships 
now at Martinique, with the assurance that at the 
end of the war they would be restored to the French 
people. The two Governments would further 
agree, Mr. Welles said, to periodical relief and 
repatriation of the crews after they had reached 
Martinique, on the same basis which would have 
obtained had they remained at Alexandria. The 
President made this proposal in view of his belief 
that no matter what military situation might de- 
velop in North Africa, these French ships would 
be in imminent danger because of the possibility 
of enemy attack, and said specifically that in the 
opinion of this Government, since these ships have 
from the beginning occupied a special, and are now 
in a precarious, situation, they are not within the 
operative provisions of the Armistice agreement, 
and hence the arrangement proposed by the Presi- 
dent would not violate the said agreement, Mr. 
Welles added. The Under Secretary said he was 
sorry to say that that offer of the President has 
also been refused by the French Government at 
Vichy, which is insisting that the French ships pro- 
ceed to a nearby French port. In other words, Mr. 
Welles said, the French Government at Vichy is 
refusing the proposal solely on the ground that the 
French port suggested by the President is not 
nearby, and apparently not sufficiently close to 
German and Italian hands. The Under Secretary 



164 

said that he felt certain that the French people 
themselves will regard this offer made by the Presi- 
dent as very much in their interest, since it would 
have assured the safety of the crews of those vessels 
and would have assured the French people them- 
selves that at the end of the war these French 
naval vessels would have been returned to them. 

LIIL STATUS OF AUSTRIA 
(Dept. of State Bulletin, Vol. VII, No. 162, Aug. 1, 1942) 

At the Secretary's press conference on July 27 
a correspondent stated that there appeared to be 
some confusion with respect to the view of this 
country as to the present status of Austria and 
asked for clarification on this point. The Secre- 
tary replied : 

"It is probable that such confusion, if it exists, has arisen 
from administrative steps which may have been taken by 
this Government in pursuance of its own laws designed to 
afford adequate protection to this country's interests in 
dealing with the situation presented by the imposition of 
military control over Austria and residents of Austria by 
Germany. This Government very clearly made known its 
opinions as to the manner in which the seizure of Austria 
took place and the relation of that seizure to this Govern- 
ment's well-known policy toward the taking of territory 
by force. This Government has never taken the position 
that Austria was legally absorbed into the German Reich." 



INDEX 



Page 

American ministers, meeting of 118-119 

Argentina 91 

Arming of merchant ships 30-36 

Arrest of officers 132 

Aruba 123-124 

Atlantic Charter 7-9 ; 113 

Austria, status of 164 

Bulgaria, war with 80; 153-154 

Caribbean Commission 129-130 

China, freezing assets of 1 

(See also United Nations, and Supreme Commands.) 
Combined Boards : 

Chiefs of Staff 119-122; 156 

Food 155-158 

Munitions assignments '. 116-117 ; 121-122 ; 156 

Raw materials 115-116 

Resources and production 155-158 

Shipping adjustment 117-118 

Combined Chiefs of Staff 119-122; 156 

Curacao 123-124 

Defense sites, lease of 144-153 

Declarations of war 91-112 

Defensive sea areas 83-90 

Diplomatic personnel, exchange of 159 

Diplomatic relations, breaking of 118-119 

Economic warfare 122-123 

Enemy aliens 138-144 

Exchange of diplomats 159 

Freedom of the Seas : 

In Atlantic Charter 8 

President's address on „ 13-24 

France : 

African territories 131 

Martinique 137-138 

Pacific possessions 129 

Free French 160 

Ships at Alexandria 161-163 

Freezing of assets 1 

(165 > 



166 INDEX 

Page 

Foreign merchant ships, use of 10-13 

Geneva Prisoners of War Convention 139-144 

Germany : 

Claims against « 44-46 

Declaration of war 75-78 

Submarine zone 158-159 

War with 74-75 

Great Britain : 

Caribbean Commission 129-130 

Lend-lease agreement with 124-127 

(See also Combined Boards, United Nations, Atlantic 
Charter, and United Kingdom. %) 

Greer, U. S. S 13,20 

Hungary, war with 79 ; 153-154 

Italy : 

Declaration of war 78-79 

War with 74-75 

Japan : 

Attack on U. S 53-54 

Arrest of officers 132 

Freezing assets of 1 

Note from, December 7 62r-70 

Note to, November 26 54-59 

War declared by 80-82 

War with 72-73 

Kearny, U. S. S 37 

Martinique , 137-138 

Merchant ships : 

Arming of 30-36 ; 52-53 

Foreign, in American ports 10-13 

Molotov, conversations with 154-155 

Neutrality, Turkish declaration of . 82 

Neutrality Act, repeal of 30, 32-36, 46-48 

Non-belligerency 91 

Odenivald, S. S., seizure of 49-51 

Office of Coordinator of Inter-American Affairs 2 

Omaha, U. S. S 49-51 

Public Resolution No. 83 (June 15, 1941) 4 

Room Moor, S. 8 15,44-46 

Roosevelt, President F. D. : 

Address by, September 11 13-24 

Address by, October 27 36-44 

Conversations with Molotov 154-155 

Letter on neutrality 46-48 

Letter to Stalin 29-30 

Message to Congress, December 8 70-72 

Message to Congress, December 11 73 

Message to Emperor of Japan 59^61 



INDEX 167 

Page 

Rumania, war with 79-80 ; 153-154 

Panama, agreement with 144-153 

Prisoners of War 138-144 

Sessa, S. S 15 

Southwest Pacific 114-115; 133-137 

Steel Seafarer, S. S 16 

Submarine zone 158-159 

Supreme commands 114-115 

Surinam 51-52 

Turkey 82 

U. S. S. R., assistance to 9-10 ; 29-30 ; 154-155 

United Kingdom, definition of 25-29 

United Nations : 

Declaration by 113-114 

Liaison for 121 

Southwest Pacific 114-115 ; 133-137 

United States : 

Agreement with Panama 144-153 

Lend-lease agreement 124-127 

Note to Japan, November 26 54-59 

War with Bulgaria SO; 153-154 

War with Germany, Italy 74-75 

War with Hungary 79; 153-154 

War with Japan 72-73 

War with Rumania 79-80; 153-154 

(See also Combined Boards, Roosevelt, F. D., United 
Nations, Neutrality Act, Southwest Pacific, etc.) 

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